A whole new set of companies could be pulled under the Freedom of Information (FoI) Act's umbrella if Whitehall's latest consultation on extending the Act is positively received.


Law firms need to help their clients understand how they could be affected, FoI experts have claimed, with public-private contracts, for example, being exposed to potential scrutiny.



Last month, in the shadow of an announcement that it would not be increasing fees for FoI applications, the government launched a consultation into widening the powers of the Act to include persons who 'appear to exercise functions of a public nature' and those who provide 'under a contract made with a public authority any service whose provision is a function of that authority'.



Dr Chris Pounder, consultant at national firm Pinsent Masons, said: 'Law firms should alert any private sector client that works with a public authority that the information their client holds on behalf of, or provides to, an authority in connection with that work, might become accessible under FoI rules under [these] proposals.'



Tim Hill, e-commerce policy advisor for the Law Society, agreed that firms will need to 'alert clients to the potential implications'.



So far an extension to the Act has not been used because Whitehall 'wanted to gather evidence about the impact' it has already had, said a Ministry of Justice spokeswoman.



Rupert White