FOIA Section 11

Means by which communication to be made

The requester can ask for information to be provided in the format of their choice (eg electronic, paper or by inspection). This should be done at the point of making the request, although it is reasonable to assume that an emailed request should result in an emailed reply. The public authorities should take into account this preference, if it is reasonable to do so.

What the law says

Source:Freedom of Information Act 2000

11 Means by which communication to be made.

(1) Where, on making his request for information, the applicant expresses a preference for communication by any one or more of the following means, namely—

(a) the provision to the applicant of a copy of the information in permanent form or in another form acceptable to the applicant,

(b) the provision to the applicant of a reasonable opportunity to inspect a record containing the information, and

(c) the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant,

the public authority shall so far as reasonably practicable give effect to that preference.

(2) In determining for the purposes of this section whether it is reasonably practicable to communicate information by particular means, the public authority may have regard to all the circumstances, including the cost of doing so.

(3) Where the public authority determines that it is not reasonably practicable to comply with any preference expressed by the applicant in making his request, the authority shall notify the applicant of the reasons for its determination.

(4)Subject to subsection (1), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances.

Court case

• Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 – can require provision of Excel vs PDF format

Official Guidance

• ICO: Awareness guidance 29 - means of communications
• MoJ: How to make the information available

ICO Lines To Take

Relevant Lines to Take

LTT171 - Information vs documents - 25/02/2010 LTT154 - The right to specify the form in which a copy is provided - 19/05/2009 LTT78 - Information held in electronic databases - 02/02/2009 LTT119 - Inter-relation between s21 & s39 FOIA and the EIRs - 08/11/2008 LTT108 - Digests and Summaries under the FOIA - 20/06/2008 LTT72 - Timing of reliance on s11 - 24/09/2007

ICO Decision Notices

Complaints upheld / partly upheld (P)	Complaints not upheld
FS50217416 - Student Loans Company Ltd - 04/02/2009 FS50106800 - Metropolitan Police Service - 20/08/2008 FS50091493 - Department for Constitutional Affairs - 28/09/2006 FS50069396 - Cyngor Cymuned Llandysul - 01/03/2006	FS50174841 - Department for Transport - 17/12/2009 FS50241605 - Student Loans Company Ltd - 14/12/2009 FS50091142 - Yorkshire Forward - 05/06/2007 FS50094281 - Bath and North East Somerset Council - 17/05/2007 FS50093734 - Newry and Mourne Health and Social Services - 05/06/2006 FS50067992 - Department for Constitutional Affairs - 12/04/2006 FS50070741 - Monmouthshire County Council - 29/03/2006

Includes DNs up to: 26 April 2010