Freedom of Information Act
Valid request – name and address for correspondence
The Freedom of Information Act 2000 (FOIA) gives a right of public access to
information held by public authorities. This is part of a series of guidance notes
produced to help public authorities understand their obligations and to promote
good practice.
Section 8(1) of the FOIA sets out the requirements of a valid request for
information and says that a request must, amongst other things, “state the
name of the applicant and an address for correspondence”. This guidance
provides advice on how these two terms should be interpreted.
In providing this guidance we are seeking to encourage public authorities to
adopt a common sense approach to establishing the validity of a request
which maintains the spirit of the FOIA that disclosure is to the world at large.
However, the Information Commissioner is bound by his legal duties under the
FOIA which means that pseudonymous requests are outside the scope of his
jurisdiction.
Overview
• A public authority is entitled to treat as invalid a request where the real
name of the applicant (whether an individual or a corporate body) has
not been used.
• Requests involving known pseudonyms cannot be the subject of a valid
complaint to the Information Commissioner under section 50 of the
FOIA.
• Where a public authority knows that a pseudonym has been used, as a
matter of good practice it should still consider the request, for example
where identity is not relevant and it is content to disclose the
information requested, even though technically the request is invalid.
• Either an email or postal address is acceptable as an address for
correspondence.
The name of the applicant
The use of the phrase “
the name of the applicant” in section 8(1)(b) indicates
that the real name of the applicant should be used when requesting
information and not any other name, for example, a pseudonym.
Although one of the underlying principles of the FOIA is that the identity of the
applicant is not taken into account, it can be relevant in certain circumstances.
For example, when:
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• a request is being made by the applicant for his/her own personal data
and so would be exempt under section 40(1) of the FOIA (and would
comprise a subject access request under the Data Protection Act
1998);
• a public authority has good reason to believe a requester is using a
pseudonym to shield his/her identity in order to avoid the possibility of
the request being considered as vexatious or repeated; or
• determining whether to aggregate costs for two or more requests in
accordance with the Fees Regulations.
Therefore, we are of the view that it was the intention of the legislation that an
applicant should provide their real name so that the request can be processed
in accordance with the requirements of the FOIA.
The definition of “applicant” in section 84 of the FOIA adds weight to this as
the phrase in section 8(1)(b) should be read as “ the name of the person
making the request”. This also suggests that the use of a false or fictitious
name is not acceptable. Therefore, where a public authority receives a
request from a person using an obvious pseudonym, there is no obligation to
comply with the request; nor would it fall within the jurisdiction of the
Information Commissioner. If a public authority chooses not to comply with the
request it should, in keeping with its duty under section 16, advise the
applicant that the FOIA requires their real name to be provided.
We recognise that it may be difficult for a public authority to be certain that a
pseudonym has been used by an applicant. A relatively low-key approach is
recommended and public authorities should not seek proof of the applicant’s
identity as a matter of course. In accordance with the spirit and purpose of the
FOIA, the default position of a public authority should be to accept the name
provided by the applicant unless there is good reason to enquire further about
the applicant’s name, as indicated above.
Even when an obvious pseudonym has been used, as good practice a public
authority should still consider the request even though technically it can be
regarded as invalid. This approach could be adopted in cases where identity
is not relevant to the request and, in view of the general principle within the
FOIA of disclosure to the world at large, where the authority is content to
disclose the information.
What constitutes a real name?
We consider that a relatively informal approach is also appropriate in this
context. Therefore, title and/or first name with surname satisfies the
requirement for provision of a real name, as does the use by a female
applicant of her maiden name. The prime consideration is whether enough of
a person’s full name has been provided to give a reasonable indication of that
person’s identity.
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Example: Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of
the FOIA by stating his name in a request for information
as “Arthur Roberts”, “A. T. Roberts”, or “Mr Roberts”, but
not by stating his name as “Arthur” or “A.T.R.”
In the case of a company, it is not necessary to provide the full registered
name. It will be acceptable to provide another name which exists as a real
entity, such as a trading name. Similarly, a sole trader could provide his or her
real name or trading name.
In most cases, it will be reasonable for a real name to comprise a name by
which the person making the request is widely known and/or is regularly used
by that person and which is not an obvious pseudonym or fictitious name.
An address for correspondence
The requirement is for an address to be supplied such that it enables
correspondence to reach the applicant.
Postal address
A postal address will meet this requirement. This does not have to be the
applicant’s own address, and it is acceptable for the applicant to provide a
“care of” or PO Box address.
Email address
An email address also satisfies the requirement of section 8(1)(b) that the
applicant should provide an address for correspondence. Support for this is
found in the FOIA as follows:
• a request for information can be made by email.
• the access regime is a relatively informal one – for example the
applicant does not have to state formally that the request is being made
under the FOIA.
Addresses for service of notices
There is no special provision in the FOIA as to what constitutes service of a
notice, but the Commissioner considers that a decision notice can be served
on an email address that was provided as the address for correspondence in
the original complaint.
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More information
This guidance will be reviewed and considered from time to time in line with
new decisions of the Information Commissioner, Tribunal and courts on
freedom of information cases. It is a guide to our general recommended
approach to this area, although individual cases will always be decided on the
basis of their particular circumstances.
If you need any more information about this or any other aspect of freedom of
information, please contact us.
Phone: 08456 30 60 60
01625 54 57 45
Email:
please use the online
enquiry form on our website
Website:
www.ico.gov.uk
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Document Outline
