The UK’s data watchdog has come out against plans to introduce flat rate fees for people to make requests under the Freedom of Information Act.

The Information Commissioner’s Office (ICO) said the Act allowed “awkward questions” to be posed to public bodies which was “part of democracy.”

It has submitted evidence to the cross-party commission which is considering changes to the legislation, potentially including charges for access to material.

As reported yesterday, HTFP has also submitted evidence to the commission in the shape of its archive of 204 stories on how regional newspapers have used the FoI Act.

In its submission, the ICO said: “The Commissioner is concerned that a flat fee would be a disproportionate measure because of its deterrent effect on a wide range of requests and requesters.

“It should also be recognised that charging a fee in itself creates an administrative burden, which is one reason why public authorities do not usually do it.”

The ICO said an alternative option of charging for staff time could create “a perverse incentive” because it “reduces the incentive to improve bad practices”, adding: “It makes the requester pay for the public authority’s shortcomings.”

It said the media played “an important role” as a user of the Freedom of Information Act as it was the “main route via which the public receives information disclosed” through the legislation.

The watchdog added: “The Freedom of Information Act can rightly challenge and pose awkward questions to public authorities. That is part of democracy.

“However, checks and balances are needed to ensure that the challenges are proportionate when viewed against all the other vital things a public authority has to do. The commissioner believes that the current checks and balances in the legislation are sufficient to achieve this outcome.”

HoldtheFrontPage along with Press Gazette is backing the Society of Editors Hands Off FoI campaign launched as its conference last month.

The deadline for submissions to the commission is tomorrow.