MPs and FoI

This briefing paper is no longer being updated and has been replaced: Freedom of Information requests.

The Freedom of Information Act 2000 requires public bodies to supply information to requesters. In general, the Act does not apply to individual Members of Parliament, who are not public bodies. Individual Members of Parliament (MP's) are data controllers in their own right and so are subject to the Data Protection Act 1998. There is often confusion between the two in the minds of constituents. FoI applies when a person seeks information about another person; data protection legislation is used when a person seeks information about himself/herself. MPs correspondence with constituents may be held by a public body and is therefore subject to release by that body unless an exemption applies. Information Commissioner guidance warns public bodies to consult MPs before release.