How does the UK Public Records Act work with the Freedom of Information Act 2000, and who decides what The National Archives keeps?

The UK’s framework for managing government records rests on two complementary laws. The Public Records Act governs whether and how long public records are kept, transferred, and ultimately preserved or destroyed. The Freedom of Information Act 2000 governs public access to information that public authorities hold. Together they shape the lifecycle of a government record from creation to permanent preservation or release.

What the Public Records Act does

The Public Records Act establishes that records created by central government and many public bodies are “public records” subject to formal selection and transfer. Departments appraise their records to decide which have enduring administrative, legal, or historical value. Records selected for permanent preservation are transferred to The National Archives (or an approved place of deposit); the rest are destroyed under authorized schedules. Historically a fixed closure period applied before transfer, and reforms have moved many records toward earlier transfer and opening.

How the Freedom of Information Act 2000 fits

The Freedom of Information Act 2000 gives anyone a general right to request recorded information held by UK public authorities, subject to exemptions (for example, national security, personal data, or commercial sensitivity). It applies to current records held by departments and to records transferred to The National Archives. In practice, FOIA and the records lifecycle reinforce each other: good records management makes it possible to find and disclose information accurately, while FOIA creates a default expectation of openness unless an exemption clearly applies.

Who decides what is kept

Decisions are shared rather than made by one body:

• The originating department appraises and selects records, applying retention rules and proposing what to keep or destroy.
• The National Archives sets selection policy and guidance, advises on appraisal, and accepts records judged to have permanent value.
• Independent oversight and review (including ministerial and advisory mechanisms for sensitive material) governs whether records can stay closed beyond normal periods.

The result is a layered system: the department selects, the archive guides and preserves, and access law presumes openness while protecting genuinely sensitive content.

For related concepts on protecting sensitive content within records, see the privacy and PII topic hub.

Note: principles here are general; consult current UK government and National Archives guidance for exact periods and procedures, which have changed over time.