Your Right to Know: A Citizen’s Guide to FOI & SARs

Public bodies work for you. This guide empowers you to hold them accountable by using two powerful legal tools: Freedom of Information (FOI) and Subject Access Requests (SARs).

The Fight for Transparency

For centuries, the inner workings of government were shrouded in secrecy. The Freedom of Information Act 2000 turned the tables, creating a legal right for any person to request recorded information held by public authorities. Its purpose is to promote openness, accountability, and strengthen democracy.

Subject Access Requests (SARs) & The Data Protection Act 2018

Rooted in privacy, your right to access your own data is enshrined in the Data Protection Act. A SAR allows you to see what personal data any organisation holds about you, check its accuracy, and understand how it’s being used. It’s your data; you have a right to see it.

FOI vs. SAR: What’s the Difference?

Think of it like this:

An FOI request is for information about an organisation’s actions. You ask: “What did the council do?”.
Example: “How much money was spent on road repairs in 2023?”
A SAR is for information about you personally. You ask: “What information do you hold on me?”.
Example: “Please provide a copy of my housing application file.”

How-To Guides: Filing Your Request

How to File a Freedom of Information (FOI) Request

Identify the Public Authority: Be specific (e.g., Tameside Council, a specific NHS trust).
Formulate Your Question: Be clear and concise. Ask for specific recorded information, not opinions.
Write Your Request: It must be in writing (email is perfect). Include your real name and an address for correspondence. State you are requesting under the FOI Act 2000.
Find the Right Contact: Most public bodies have a dedicated FOI email address. Websites like WhatDoTheyKnow.com can help.
Wait for a Response: The authority has 20 working days to respond.

How to File a Subject Access Request (SAR)

Identify the Organisation: This can be any organisation, public or private.
Be Clear About What You Want: Being specific (e.g., certain emails in a date range) can yield faster results than asking for “everything”.
Write Your Request: State clearly that you are making a Subject Access Request under the Data Protection Act 2018.
Prove Your Identity: Be prepared to provide reasonable proof of ID if asked.
Wait for a Response: They have one calendar month to respond.

Landmark Victories for the People

FOI Case Study: The MPs’ Expenses Scandal (2009)

Perhaps the most famous use of the FOI Act. A long legal battle resulted in the release of MPs’ expense claims, exposing widespread misuse of public money for everything from duck houses to phantom mortgages. The result was resignations, repayments, and the creation of an independent body (IPSA) to oversee expenses, proving the Act could hold the highest levels of power to account.

What Are the Costs?

Subject Access Requests (SARs)

In almost all cases, a SAR is completely free.

Freedom of Information (FOI) Requests

FOI requests are also generally free. A public body can only refuse on cost grounds if finding the information exceeds a set limit (£450 for most bodies like councils). If so, they must advise you on how to narrow your request.

What if They Refuse?

You don’t have to take “no” for an answer.

1. Internal Review: First, you must ask the public authority for an internal review of their decision.
2. Complain to the ICO: If you’re still unhappy, you can complain for free to the Information Commissioner’s Office (ICO), the UK’s independent regulator. The ICO can order an organisation to release information.