Overview

This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC

Full Product Details

Author:   Philip Coppel
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   4th Revised edition
Dimensions:   Width: 17.10cm , Height: 3.50cm , Length: 24.40cm
Weight:   1.901kg
ISBN:  

9781849464246

ISBN 10:   1849464243
Pages:   1444
Publication Date:   28 March 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

Chapter 1 - Eliciting Official Information Chapter 2 - The Comparative Jurisdictions Chapter 3 - The Influence of the European Convention on Human Rights etc Chapter 4 - Rights of Access under European Union Law Chapter 5 - Access to Personal Information under the Data Protection Act 1998 Chapter 6 - Access under the Environmental Information Regulations Chapter 7 - Public Records Chapter 8 - Other Domestic Rights of Access Chapter 9 - The Right to Information Chapter 10 - The Duty to Advise and Assist, Codes of Practice and Publication Schemes Chapter 11 - The Request Chapter 12 - Disentitlement Chapter 13 - The Response Chapter 14 - Exemptions: General Principles Chapter 15 - Prejudice and the Public Interest Chapter 16 - Information Otherwise Accessible Chapter 17 - Security Bodies, National Security and Defence Chapter 18 - International and Internal Relations Chapter 19 - Economic and Financial Interests Chapter 20 - Investigation, Audit, Law Enforcement and the Courts Chapter 21 - Privilege Chapter 22 - Policy Formulation and Public Affairs Chapter 23 - Health and Safety Chapter 24 - Personal Information Chapter 25 - Confidential Information Chapter 26 - Miscellaneous Exemptions Chapter 27 - The Information Commissioners and the First-tier and Upper Tribunals Chapter 28 - Appeals Chapter 29 - Enforcement

Reviews

This book is an exquisite reference source on the issues that it covers...There is a touch of awe in looking at the range of experienced commentators and the depth of scholarship that Coppel has assembled for a book on information law and practice. The book lifts this discipline to the mainstream. -- Professor John McMillan Australian Journal of Admin Law

Author Information

Philip Coppel QC is a barrister at Landmark Chambers, practising in commercial, regulatory and public law. He is supported by an expert team of contributors.

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