Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Freedom of Information Act basically grants the public a general right of access to information held by public authorities. It states: “Any person making a request for information to a public authority is entitled – (a) to be informed in writing by the public authority whether it holds information of the description specified in the request and (b) if that is the case, to have that information communicated to him”.
The Act has raised some concern among parties sending the ASA commercially sensitive material in case other parties, such as competitors, can demand to see it. The ASA has taken legal advice. CAP understands that the Act does not apply to ASA, ASAB, CAP or BCAP because they are not classed as “public authorities”. People who believe they can request information under the Act, or are concerned that the ASA or CAP might release sensitive information to others, are mistaken.
Marketers who want information about the Freedom of Information Act should take legal advice. Useful guidance can be found on the Information Commissioner's website at www.ico.gov.uk.
Last modified : 29 March 2012