Overview

This is the third edition of the leading practitioner's work on freedom of information. Designed to provide in-depth legal analysis and practical guidance, this book has become the first port of call for anyone either seeking or handling requests for official information. The latest edition maintains its authorship of expert lawyers. The two years since the previous edition have seen numerous important decisions from the courts and from the Information Tribunal on freedom of information law. The learning from all these has been incorporated into the text, enabling a practitioner to see immediately all relevant cases and the principles that emerge from them. The book is logically organised so that the practitioner can quickly find the topic of choice. The work 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 is provided. This is followed by a summary of the regime in five comparative jurisdictions, providing a useful testbed for anticipated effects of disclosure and a normative yardstick. The impact of the Human Rights Act 1998 is given separate consideration. Next follows a series of chapters dealing with rights of access under provisions apart from the FOI Act: access to information held by EU bodies; access to information under the Data Protection Act; access to information under the Environmental Information Regulations; public records; and access under numerous other provisions in legislation. Together, these provide the practitioner with sources of access that might otherwise be overlooked. All are arranged thematically. 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 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 over the last five 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. Throughout the book, full web references are given (including to all cases), facilitating ready access to primary material. From the reviews of previous editions: The depth of analysis and thought that Philip Coppel brings to the topic is evident throughout...Careful analysis is a hallmark of the book which reflects, not merely an academic interest in the legal regime but a real and active interest in the wider societal issues involved in the development of the law in this area...The text delivers excellent value for anyone working seriously in this area. - Rosemary Jay in Freedom of Information Journal Encyclopaedic and authoritative...a very useful guide to practitioners as well as those seeking official information - New Law Journal This is not just a book for the library it is also a book to be held close at hand on any practitioner's desk, or in any public authority boardroom - the hope expressed by Coppel that his book will assist in resolving [FOI Act] complexities and in revealing its subtleties is realised in a well composed and intelligently written volume. - Solicitors Journal ...The best single resource in this area of the law...Any practitioner who needs to consider information rights owes a considerable debt of thanks to Philip Coppel and his fellow authors. - Jonathan Crow QC in Public Law This is an outstanding piece of legal scholarship, which will provide invaluable assistance to practitioners interested in information rights whether they be based in the United Kingdom or in comparable overseas jurisdictions. - John Griffiths SC in Australian Journal of Administrative Law

Full Product Details

9781849460118

Table of Contents

Reviews

Thankfully, this new text provides commentary on not just the FOIA but also related Acts which govern access to information for example the Data Protection Act 1998 and Regulation of Investigatory Powers Act 2000. The inclusion of this material, rather than focusing primarily on the FOIA, is an excellent decision by the editor as it enables the text to provide a manageable and accurate account of the law relating to rights over information.The material is laid out logically so that even an inexperienced reader can follow the law, and the development of it, with considerable ease. Excellent reference is also made to other jurisdictions which allows the reader to understand the avenues that the law may take.The material is both accessible and insightful. The text makes excellent use of footnotes which means that large footnotes appear so that the fluidity of the main text is not spoilt. This allows the reader to quickly understand the material.In conclusion, this is an excellent text which provides an interesting and accurate account of the law relating to the access of information. I would recommend that anyone interested in this area of law should purchase this well-priced text.(Review of the 1st Edition which was published by Sweet & Maxwell, 2004) Student Law JournalJanuary 2005In this book Coppel provides a comprehensive well indexed guide to the law of information rights it provides a useful reference for both those working in the public sector who need to deal with requests for information under FoIA and those members of the public who want to use FoIA to gain access to publicly held information.In my view, this is a book which achieves the author's aim as stated in the preface to provide a practitioners' text, not just [for] ... legal practitioners but all those whose occupation involves seeking or handling requests for official information (Review of the 1st Edition which was published by Sweet & Maxwell, 2004) Marion KinshuckLegal Information ManagementVolume 5, 2005This new edition, and the first to be published by Hart, of Coppel's Information Rights is to be warmly welcomed by those with an interest in the legal regulation of accessing information in the United Kingdom.This text not only admirably sets out the main elements of the leading public law elements of these different regimes, it also provides detailed and accurate observations about how more traditionally private law rules have important roles to play in understanding the text's broader thematic subject matter. That is not to say that the text is packed with extraneous and irrelevant material; in fact the opposite is true. The material included is structured so that it is exceptionally useful for honing in on specific rules and cases. No doubt there is a great deal of material presented in the text, but that is not a result of self-indulgence, and perhaps more significantly the large amount of material is not reflected in an unreasonably high price. The great deal of material reflects the fact that the text is predominantly aimed at practitioners, though practitioners here must be broadly defined to include those dealing with information requests in the public sector, as much as lawyers and others attempting to prise information from those in the public sector. One has little doubt the text will be indispensable to United Kingdom practitioners, though that is not the only audience that would benefit from an acquaintance with the text. The text would also appeal to academics and would be a suitable reference text for advanced students with an interest in the area.Beyond the general orientation and intended audience for the text, the methodological content ofthe text also provides illustrative insights. The text provides the reader with a useful subsidiarynarrative that contextualises the legislative genesis of the different rules alongside the pre-legislativescrutiny in order to assist the reader in taking a critical approach to the information laws.Information Rights is an exceptionally well-executed practitioners' monograph. It amply meets the needs of a busy practitioner in terms of detail and ease of access. It provides an academic audience with food for intellectual thought and, at times, crackles with a keen critical method. The fact that the text as a whole is in fact authored by a number of barristers and a judge, almost all of whom have some link to 4-5 Gray's Inn Square, is not apparent from reading the text a huge compliment to the compilation of the text. The cost of the text makes it even more attractive, and it would be a bargain at double the price.Daniel J CarrPublic Law ReviewVolume 22, 2011It is becoming increasingly important that a guide be provided through the often murky and unexplained world of information law. The new edition ... proves to be that guide.The inclusion of comparative law throughout the book in the text and footnotes will prove a valuable source of thought-provoking material. There is no doubt that Information Rights is a book of extensive use for users of the information legislative regime, not only for professional lawyers but also for ordinary requestors and public authorities.Information Rights is an essential addition to the bookshelves of all those who have to navigate information law. Philip Coppel and his team of authors have produced a scholarly work of intensely practical use. It is and will continue to be an invaluable guide to people who actually have to practice in the areaCJS KnightJudicial Review2011If you're professionally involved in requesting information from officialdom, or handling such requests, this is a must-have reference book to the Freedom of Information Act and other freedom of information legalisation.If you specialize in this area, this book will keep you up to date.Within its almost 1,500 pages, this erudite and logically organized work of reference deals with the full range of issues pertaining to information rights.If you are a practitioner, then you'll infer that this is a practitioner's book and the leading work in this field.Whether you're preparing a case, or tasked with responding to a request, you will find ample research here to help you make sure that no exemption can ever get past you.As this very large volume reveals, it's jolly hard to wrench adequate answers from the grasping tentacles of reluctant officialdom. Good thing this book tells you exactly how to do it.Philip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersAugust 2010This, the third edition of Coppel's magesterial work, deals with the Act comprehensively and incisively...no one who has any serious interest in or involvement with the Act can afford to be without, or without ready access to, this important work of reference.The Commonwealth LawyerVolume 19, No. 3

If you're professionally involved in requesting information from officialdom, or handling such requests, this is a must-have reference book to the Freedom of Information Act and other freedom of information legalisation. If you specialize in this area, this book will keep you up to date. Within its almost 1,500 pages, this erudite and logically organized work of reference deals with the full range of issues pertaining to information rights. If you are a practitioner, then you'll infer that this is a practitioner's book and the leading work in this field. Whether you're preparing a case, or tasked with responding to a request, you will find ample research here to help you make sure that no exemption can ever get past you. As this very large volume reveals, it's jolly hard to wrench adequate answers from the grasping tentacles of reluctant officialdom. Good thing this book tells you exactly how to do it. Philip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers August 2010

Thankfully, this new text provides commentary on not just the FOIA but also related Acts which govern access to information - for example the Data Protection Act 1998 and Regulation of Investigatory Powers Act 2000. The inclusion of this material, rather than focusing primarily on the FOIA, is an excellent decision by the editor as it enables the text to provide a manageable and accurate account of the law relating to rights over information. The material is laid out logically so that even an inexperienced reader can follow the law, and the development of it, with considerable ease. Excellent reference is also made to other jurisdictions which allows the reader to understand the avenues that the law may take. The material is both accessible and insightful. The text makes excellent use of footnotes which means that large footnotes appear so that the fluidity of the main text is not spoilt. This allows the reader to quickly understand the material. In conclusion, this is an excellent text which provides an interesting and accurate account of the law relating to the access of information. I would recommend that anyone interested in this area of law should purchase this well-priced text. (Review of the 1st Edition which was published by Sweet & Maxwell, 2004) Student Law Journal January 2005 In this book Coppel provides a comprehensive well indexed guide to the law of information rights. it provides a useful reference for both those working in the public sector who need to deal with requests for information under FoIA and those members of the public who want to use FoIA to gain access to publicly held information. In my view, this is a book which achieves the author's aim as stated in the preface to provide a practitioners' text, not just [for] ... legal practitioners but all those whose occupation involves seeking or handling requests for official information (Review of the 1st Edition which was published by Sweet & Maxwell, 2004) Marion Kinshuck Legal Information Management Volume 5, 2005 This new edition, and the first to be published by Hart, of Coppel's Information Rights is to be warmly welcomed by those with an interest in the legal regulation of accessing information in the United Kingdom. This text not only admirably sets out the main elements of the leading public law elements of these different regimes, it also provides detailed and accurate observations about how more traditionally private law rules have important roles to play in understanding the text's broader thematic subject matter. That is not to say that the text is packed with extraneous and irrelevant material; in fact the opposite is true. The material included is structured so that it is exceptionally useful for honing in on specific rules and cases. No doubt there is a great deal of material presented in the text, but that is not a result of self-indulgence, and perhaps more significantly the large amount of material is not reflected in an unreasonably high price. The great deal of material reflects the fact that the text is predominantly aimed at practitioners, though practitioners here must be broadly defined to include those dealing with information requests in the public sector, as much as lawyers and others attempting to prise information from those in the public sector. One has little doubt the text will be indispensable to United Kingdom practitioners, though that is not the only audience that would benefit from an acquaintance with the text. The text would also appeal to academics and would be a suitable reference text for advanced students with an interest in the area. Beyond the general orientation and intended audience for the text, the methodological content of the text also provides illustrative insights. The text provides the reader with a useful subsidiary narrative that contextualises the legislative genesis of the different rules alongside the pre-legislative scrutiny in order to assist the reader in taking a critical approach to the information laws. Information Rights is an exceptionally well-executed practitioners' monograph. It amply meets the needs of a busy practitioner in terms of detail and ease of access. It provides an academic audience with food for intellectual thought and, at times, crackles with a keen critical method. The fact that the text as a whole is in fact authored by a number of barristers and a judge, almost all of whom have some link to 4-5 Gray's Inn Square, is not apparent from reading the text - a huge compliment to the compilation of the text. The cost of the text makes it even more attractive, and it would be a bargain at double the price. Daniel J Carr Public Law Review Volume 22, 2011 It is becoming increasingly important that a guide be provided through the often murky and unexplained world of information law. The new edition ... proves to be that guide. The inclusion of comparative law throughout the book in the text and footnotes will prove a valuable source of thought-provoking material. There is no doubt that Information Rights is a book of extensive use for users of the information legislative regime, not only for professional lawyers but also for ordinary requestors and public authorities. Information Rights is an essential addition to the bookshelves of all those who have to navigate information law. Philip Coppel and his team of authors have produced a scholarly work of intensely practical use. It is and will continue to be an invaluable guide to people who actually have to practice in the area CJS Knight Judicial Review 2011 If you're professionally involved in requesting information from officialdom, or handling such requests, this is a must-have reference book to the Freedom of Information Act and other freedom of information legalisation. If you specialize in this area, this book will keep you up to date. Within its almost 1,500 pages, this erudite and logically organized work of reference deals with the full range of issues pertaining to information rights. If you are a practitioner, then you'll infer that this is a practitioner's book and the leading work in this field. Whether you're preparing a case, or tasked with responding to a request, you will find ample research here to help you make sure that no exemption can ever get past you. As this very large volume reveals, it's jolly hard to wrench adequate answers from the grasping tentacles of reluctant officialdom. Good thing this book tells you exactly how to do it. Philip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers August 2010 This, the third edition of Coppel's magesterial work, deals with the Act comprehensively and incisively...no one who has any serious interest in or involvement with the Act can afford to be without, or without ready access to, this important work of reference. The Commonwealth Lawyer Volume 19, No. 3

It is becoming increasingly important that a guide be provided through the often murky and unexplained world of information law. The new edition ... proves to be that guide. The inclusion of comparative law throughout the book in the text and footnotes will prove a valuable source of thought-provoking material. There is no doubt that Information Rights is a book of extensive use for users of the information legislative regime, not only for professional lawyers but also for ordinary requestors and public authorities. Information Rights is an essential addition to the bookshelves of all those who have to navigate information law. Philip Coppel and his team of authors have produced a scholarly work of intensely practical use. It is and will continue to be an invaluable guide to people who actually have to practice in the area CJS Knight Judicial Review 2011 If you're professionally involved in requesting information from officialdom, or handling such requests, this is a must-have reference book to the Freedom of Information Act and other freedom of information legalisation. If you specialize in this area, this book will keep you up to date. Within its almost 1,500 pages, this erudite and logically organized work of reference deals with the full range of issues pertaining to information rights. If you are a practitioner, then you'll infer that this is a practitioner's book and the leading work in this field. Whether you're preparing a case, or tasked with responding to a request, you will find ample research here to help you make sure that no exemption can ever get past you. As this very large volume reveals, it's jolly hard to wrench adequate answers from the grasping tentacles of reluctant officialdom. Good thing this book tells you exactly how to do it. Philip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers August 2010 This, the third edition of Coppel's magesterial work, deals with the Act comprehensively and incisively...no one who has any serious interest in or involvement with the Act can afford to be without, or without ready access to, this important work of reference. The Commonwealth Lawyer Volume 19, No. 3

Author Information

Philip Coppel QC is a barrister at 4-5 Gray's Inn Square, specialising in public law.

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