Posted by : Frances Barnwell and Julian Smith
| Date posted : 18/01/2012
For the purposes of the Freedom of Information Act (“FOIA”), information is held by a public authority if
(a) it is held by the authority, otherwise than on behalf of another person, or
(b) it is held by another person on behalf of the authority.
The ICO has now published new guidance as to the extent to which information held on private email accounts or in other media may be subject to disclosure under the FOIA under test (b).