Kingdom
of Æfira His Majesty’s Stationery Office Sign in

Freedom of Information Act 2008

1 & 2 Max. c. 23

An Act to provide for the free access of citizens to information held by public bodies; and to regulate the classification of sensitive information; and for related purposes.

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Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons in Parliament assembled, and by the authority of the same, as follows:

Part I
Right to Information

1.  Every citizen of the Kingdom of Æfira is entitled to receive, upon request to any public body, any information held by that public body, subject only to such limitations and restrictions as are detailed in this Act.
2.  Where a citizen has requested information from a public body, the public body must, within three working days of receiving the request,—
(a)  communicate the requested information to the applicant;
(b)  inform the applicant that the public body does not hold the requested information;
(c)  inform the applicant that the requested information is exempted, in pursuance of part VI;
(d)  inform the applicant that the requested information is freely and publicly available without charge; or
(e)  inform the applicant that further information will be required in order to identify and locate the requested information.
3.  In this Act, “the duty to communicate” refers to the duty of a public body under section 2.
4.  The duty to communicate does not exist where—
(a)  the information’s availability or non-availability is exempted, in pursuance of part VI;
(b)  the applicant’s request is not legible; or
(c)  the applicant fails to provide the public body with a valid method of contact, which may be—
(i)  a street address belonging to the applicant,
(ii)  a telephone number belonging to the applicant,
(iii)  an electronic mailing address belonging to the applicant, or
(iv)  sufficient information to enable the body to communicate with the applicant by means of a facility designated for that purpose under the Electronic Communication Act 2022.

Part II
Public Bodies

1.  In this Act, “public body” refers to—
(a)  the Crown;
(b)  the Parliament of Æfira, or either House thereof;
(c)  a court of law;
(d)  His Majesty’s Privy Council;
(e)  the armed forces, or any component thereof;
(g)  any body established by an Act of Parliament or by virtue of His Majesty’s prerogative, or any body subordinate to such a body;
(h)  the holder of any office established by an Act of Parliament or by virtue of His Majesty’s prerogative; or
(i)  any body, or the holder of any office, designated as a public body in pursuance of section 2.
2.  His Majesty may promulgate Orders-in-Council to designate any body or office, which does not qualify as a public body under section 1, as a public body for the purposes of this Act.

Part III
Means of Communication

1.  Communication of information may be by—
(a)  the provision of a copy of the information in physical or electronic form, or in another form acceptable to the applicant;
(b)  the provision of a reasonable opportunity to inspect a record containing the information; or
(c)  the provision, where acceptable to the applicant, of a digest or summary of the information in physical or electronic form, or in another form acceptable to the applicant.
2.  Where an applicant expresses a preference for the means of communication of information, that preference shall be honored so far as is reasonably practicable.

Part IV
Advice and Assistance

1.  It shall be the duty of a public body to provide advice and assistance to citizens requesting or proposing to request information, so far as is reasonably practicable.
2.  Where a public body does not hold requested information, but is aware that another body or individual does hold the information, the public body shall inform the applicant of that fact.
3.  Where a public body refuses a request for information on the grounds that the information is exempted, in pursuance of part VI, the public body shall explain to the applicant the reason or reasons for the exemption.
4.  Where a public body is aware that requested information is freely and publicly available without charge, the public body may refuse the request but must then provide sufficient information that the applicant may locate the requested information. All information published by His Majesty’s Stationery Office by means of the Internet shall be deemed freely and publicly available without charge.

Part VI
Exempted Information

1.  A public body must not comply with a request for information designated as exempted.
2.  Where the reasonability of an exemption is called into question, the High Court of Justice shall have the power to determine whether the exemption is reasonable.
4.  Information is exempted if its disclosure would, or would be likely to, prejudice—
(a)  the administration of justice;
(b)  the prevention or detection of crime;
(c)  the apprehension or prosecution of offenders;
(d)  the defense of the Kingdom of Æfira or the public security;
(e)  the capability, effectiveness or security of the armed forces;
(f)  relations between the Kingdom of Æfira and another State; or
(g)  relations between the Kingdom of Æfira and any international organization.
5.  Information is exempted if it is confidential information obtained from another State or from an international organization.
6.  Information is exempted if it is held only by virtue of being contained in a document filed with, or otherwise placed in the custody of, a court of law for the purposes of proceedings in a particular cause or matter.
7.  Information is exempted if it constitutes personal data of which the applicant is not the subject, or if its disclosure would, or would be likely to, endanger the safety or physical or mental health of any individual.
8.  Personal communications between two or more individuals are exempted.

Part VII
Miscellaneous Provisions

1.  In this Act, “working day” means any day other than a Saturday, a Sunday or a public holiday under any Act of Parliament.
2.  This Act may be cited as the Freedom of Information Act 2008.