CHAPTER 4: APPLICATION OF THE FREEDOM OF INFORMATION ACT TO ORGANISATIONS THAT ARE NOT PUBLIC AUTHORITIES
The Act specifies that ‘… information is held by a public authority if … it is held by another person on behalf of the authority’.
The implication of this is that where a service is contracted out, information held by the contractor (whether a commercial or non-commercial organisation), would be subject to freedom of information. Note, however, that the information is, technically, still ‘held’ by the public authority. In other words, a Freedom of Information Act request would have to be made to the authority, which would, in turn, have to obtain the information from the contractor in order to comply.
This is similar to the concept in the ...