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R125 The Public's Right to Know

Law Commission Report 125 cover image.

General information
- About the Law Commission
- Foreword
Acknowledgements
Glossary
Summary
Chapter 1: Introduction
- Background
- The scheme of the Acts
- The context of this review
- The approach of this review
- Previous work
- The process of this review
Chapter 2: Decision-making
- Introduction: the case-by-case system
- Difficulties
- Current guidance
- The future
- Conclusion
Chapter 3: Protecting good government
- Introduction
- The case for the good government grounds
- Submitters’ views about the good government grounds
- The issues
- Redrafted good government grounds
Chapter 4: Politically sensitive requests
- Allocation of decision-making
- The problems
- Views of submitters
- Discussion
- Recommendations for reform
Chapter 5: Protecting commercial interests
- Introduction
- Some problems
- Reform
Chapter 6: Protecting privacy
- Introduction
- The problem
- The options presented in the issues paper
- Further option
- Privacy interest of the deceased
- Privacy interests of children
- Anonymity of officials
- Information sharing: requests between public sector agencies
Chapter 7: Other withholding grounds and reasons for refusal
- The distinction between the section 6 and section 9 withholding grounds
- Amendments to withholding and refusal grounds
- Possible new withholding grounds
Chapter 8: The public interest test
- The concerns
- Possible statutory amendment
Chapter 9: Requests and resources
- The problems
- Current solutions
- Recommendations for improvement
- Purpose and name of requester
- What constitutes a request?
- Guidance for requesters
Chapter 10: Processing requests
- Time limits
- Consultation
- Transfer provisions
- Release of information in electronic form
- Charging
Chapter 11: Complaints and remedies
- Two kinds of complaint under the OIA
- Proposals for alignment and simplification
- Other alignments
- Providing additional grounds for complaint
- The veto power
- The Ombudsmen’s role under the OIA
- Enforcing the public duty to release information
Chapter 12: Proactive release and publication
- Introduction
- Open government and open data
- The trend towards proactive release and open data
- Reform: justification, impacts and options
- Legislative impact of proactive publication
Chapter 13: Oversight of official information legislation
- The problem
- Management of official information legislation
- A set of statutory functions
- Assigning the oversight function
- International freedom of information models
Chapter 14: Scope of the Acts
- Agencies subject to the Acts
- Which agencies should be subject to the Acts?
- Excluded information
Chapter 15: Issues of compatibility
- Public Records Act 2005
- Local Government Official Information and Meetings Act 1987
Chapter 16: The legislative vehicle
- Is legislation necessary?
- Amendment or new Act?
- Combining the OIA and LGOIMA
Appendix A: Recommendations
- Chapter 2: Decision-making
- Chapter 3: Protecting good government
- Chapter 4: Politically sensitive requests
- Chapter 5: Protecting commercial interests
- Chapter 6: Protecting privacy
- Chapter 7: Other withholding grounds and reasons for refusal
- Chapter 8: The public interest test
- Chapter 9: Requests and resources
- Chapter 10: Processing requests
- Chapter 11: Complaints and remedies
- Chapter 12: Proactive release and publication
- Chapter 13: Oversight of official information legislation
- Chapter 14: Scope of the Acts
- Chapter 15: Issues of compatibility
- Chapter 16: The legislative vehicle
Appendix B: List of submitters
Appendix C: Legislative provisions

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