The Information Commissioner has warned that proposed changes to Freedom of Information (FOI) requests must not undermine public trust in transparency.
Dr Alexandra Delaney-Bhattacharya published the response as the government considers introducing fees and cost limits.
The Council of Ministers’ consultation has raised the possibility of charging for FOI requests to balance the right to information with taxpayer costs, citing a surge in applications—nearly half from just 22 individuals.
While acknowledging the strain on public authorities, the Commissioner stressed proportionality, stating: “Residents should be able to exercise their right to information with as few barriers as possible. Any fees must be proportionate to the true cost of well-handled FOI requests.”
Vexatious
The proposal aims to deter repetitive or vexatious requests, but the Dr Delaney-Bhattacharya noted a lack of data on how often such cases are currently refused.
“The consultation does not detail how often public authorities refuse vexatious requests,” the response said, suggesting better training for FOI coordinators could address misuse without penalising all applicants.
Accessibility was another key concern, with Dr Delaney-Bhattacharya urging authorities to improve public access to frequently requested data.
She said: “Public authorities should regularly review how to make trending information more accessible, reducing duplicate requests.”
Recent FOI breaches and system failures were also highlighted, with the Commissioner emphasising the law’s role in democracy: “FOI transparency is vital for public trust, ensuring government remains open and answerable.”
The Commissioner cautioned: “Changes risk eroding the spirit of the law if current processes aren’t optimised first.” The office is recruiting an FOI specialist to strengthen training and compliance.
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