Susan Wolf
Susan Wolf was formerly a Principal Law lecturer at the Northumbria University School of Law, where she taught law for 26 years. During this time Susan developed the LLM in Information Rights Law and Practice and the Postgraduate Certificate in Data Protection Law at the University. Susan taught on the LLM for 11 years and taught over 350 information rights practitioners, including Information Rights Tribunal members and ICO staff.
Susan has delivered training and conference papers nationally and internationally in the field of FOIA 2000 and the Environmental Information Regulations 2004. She wrote the Law Society Handbook on Environmental Information and was a contributor for the Law Society’s Information Sharing Handbook. Susan was also the co-author of Wolf & Stanley on Environmental Law which went into its sixth edition.
After leaving the University in 2017 Susan became a consultant at Act Now Training where she regularly delivers training on the FOIA, EIR, GDPR and DPA 2018. Susan also is a regular contributor to the Act Now blog and delivers webinars on various current topics including legal updates.
Susan holds a BA (Econ), LLB and a MSc in Leadership & Management. She also has a Distinction on the Act Now GDPR Practitioner Certificate.
Practice Area
Panel
- Contributing Author
Qualifications
- Act Now GDPR Practitioner Certificate (Distinction) (2018)
- MSc Leadership & Management (Distinction) (Dean’s Prize), Newcastle Business School (2014-2016)
- Postgraduate Certificate Educational Development, Newcastle Polytechnic (1992-1993)
- LLB (Hons) Upper Second, Newcastle Polytechnic (now Northumbria University) (1982-1986)
- BA Econ. (Hons) Lower second, University of Manchester (1979-1982)
6 Contributions by Susan Wolf
PRACTICE NOTES
FOI refusals for vexatious or repeated requests: applying the Freedom of Information Act 2000 s 14 and EIR 2004 ‘manifestly unreasonable’ exception, with ICO guidance and case law
This Practice Note reviews the provisions for declining vexatious or repeated requests under section 14 of the Freedom of Information Act 2000 (FIA 2000).
Vexatious or repeated requests―scope of the exemption
Section 14 sits within FIA 2000, Pt I, which prescribes in detail how requests made under the statute should be managed. Although it is not included among the right to know exemptions listed in FIA 2000, Pt II, in practice it operates to the same effect, as it allows a public authority to refuse a request for information in specified circumstances.
section 14(1) effectively releases public authorities from the duty set out in FIA 2000, s 1(1), namely to confirm whether information is held and, if it is, to disclose it to the requester. This applies where the request is vexatious. FIA 2000 does not further define ‘vexatious’
section 14(2) provides the mechanism for public authorities to reject requests that are repeated. Specifically, it applies where the authority has already supplied the information, or ‘substantially similar’ information, to the applicant in answer to a previous request, and a ‘reasonable interval’ has not elapsed between the two requests. FIA 2000 does not further define what is considered...
Public Law
PRACTICE NOTES
Freedom of Information Act 2000 and EIR 2004: Legal Professional Privilege, the Law Officers’ Convention, Public Interest Balancing, Waiver and ICO Powers
The Freedom of Information Act 2000 (FIA 2000) grants a general public right to access information held by public authorities, requiring each authority to confirm if the requested material is held and, where it is, to supply that information. This access right is not unrestricted, and FIA 2000 contains several exemptions reflecting circumstances where disclosure could harm the proper functioning of the public sector.
Legal professional privilege
Legal professional privilege is a legal rule safeguarding communications connected to securing legal advice.
There are two forms of legal professional privilege—legal advice privilege and litigation privilege.
Legal advice privilege covers communications between a client and their lawyer that form part of the process of providing legal advice.
This privilege applies regardless of any actual or contemplated court proceedings.
By contrast, litigation privilege only arises when litigation is a reality or reasonably in prospect, and it extends beyond lawyer–client exchanges to include communications with third parties for the gathering of evidence for use in the actual or contemplated litigation. In essence, it shields advice-giving exchanges and evidence-gathering communications, ensuring that legal consultations and preparation for proceedings remain fully confidential when those conditions are met...
Public Law
PRACTICE NOTES
Freedom of Information Act 2000 procedural pitfalls and compliance guide: validity, held information, deadlines, means of communication, fees, vexatious requests, personal data and refusal notices (England, Wales and Northern Ireland)
The Freedom of Information Act 2000 (FIA 2000) grants a public right to access information held by public authorities, including government departments, local institutions, educational institutions, publicly owned companies and other public organisations across England, Wales and Northern Ireland. Anyone—individuals, companies and foreign nationals—can request disclosure of any information held by such authorities. This Practice Note outlines common procedural pitfalls and issues that public authorities may encounter when dealing with freedom of information requests (FOI requests).
Requirements for a valid FOI request
How much information needs to be included in an FOI request?
Under FIA 2000, s 8, an information request must:
be in writing
provide the requester’s name and a contact address
set out or describe the information sought
The Information Commissioner’s Office (ICO) interprets the written requirement broadly. In ICO decision FS50530703 it was determined that FOI requests made online or via social media platforms such as Facebook and Twitter can be valid, provided the public authority has a presence on the relevant platform and the request meets FIA 2000, s 8. In practice, this may...
Public Law
PRACTICE NOTES
Freedom of Information Act 2000: Practitioners’ guide to making and framing effective requests (England, Wales and Northern Ireland)
This Practice Note offers a practical ‘how to’ overview of making a freedom of information (FOI) request, with primary attention on applications under the Freedom of Information Act 2000 (FIA 2000). Both FIA 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391, grant a right to access recorded information held by public authorities. The emphasis here is on FIA 2000. For more on EIR 2004, see: Environmental information—overview. This note does not address the grounds for refusing an FOI request or for withholding material. For those topics, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request.
Key legislation and guidance
This guide should be read alongside the following legislation, code of practice, and Information Commissioner’s Office (ICO) materials:
FIA 2000
Cabinet Office—Freedom of Information Code of Practice
ICO—Guidance: How to write an effective request for information
ICO—Guidance: Recognising a request made under the Freedom of Information Act (section 8)
Further guidance is available on the ICO website. See, for example, ‘How to access information from a public authority’.
Rights of access to information from a public authority...
Public Law
PRACTICE NOTES
Interpreting and Clarifying FOI Requests: Ambiguity, Duty to Provide Advice and Assistance, and Time Limits under the Freedom of Information Act 2000
Reading a request objectively
Where a request made under the Freedom of Information Act 2000 (FIA 2000) is expressed plainly and without ambiguity, the receiving public authority has 20 days to supply the information sought. As a rule, there is no duty to hunt for alternative constructions of a straightforward request, or to consider material that falls outside its scope (see Adedeji v Information Commissioner). However, if the wording is unclear, for example:
more than one meaning can reasonably be taken, or
on reviewing any context provided, the wording proves ambiguous
FIA 2000 gives a public authority a means to seek clarification so it can identify and locate the information requested. In reading a request objectively, an authority should be careful to:
avoid overlooking ambiguity:
in Berend v Information Commissioner and London Borough of Richmond upon Thames, the authority read ‘all working papers and documents attached to Agendas’ as only working papers attached to agendas, missing an alternative meaning—the authority was in breach of FIA 2000 as it failed to seek clarification
adopt a real-world interpretation:
in Greenwood v Information...
Public Law
PRACTICE NOTES
Public contracts and freedom of information: scope, key exemptions, contractor-held information, procurement rules and transparency by design
STOP PRESS:
On 1 August 2023, the Cabinet Office unveiled three new collections of standard contract documents, comprising updated templates and accompanying guidance for the government’s Model Services Contract, Mid-Tier Contract and Short Form Contract. Further direction on adopting these standards is provided in a supplementary Procurement Policy Note (PPN). PPN 08/23: Using Standard Contracts applies to central government departments, executive agencies and non-departmental public bodies, all of which have been urged to implement the standard contract forms ‘as soon as practicable’. Other public sector organisations are also encouraged to follow the approach set out in PPN 08/23, recommending the use of the standard contracts for all relevant procurements, rather than using bespoke contracts, unless there is an existing government framework or an industry standard contract already in place (for example, for construction projects). Where appropriate, adopting the standard contracts aligns with guidance contained in the Sourcing Playbook. We are reviewing this content accordingly. In the meantime, for more information, see: Cabinet Office urges adoption of updated standard contract templates and guidance, LNB News 02/08/2023 53. The Freedom of Information Act 2000 (FIA 2000) confers a general right of access to information held by a public authority. By virtue of...
Public Law
If you expected to see yourself on this page, click here.
