The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 came into force on 1st January 2005. These two pieces of legislation provide individuals or organisations with a general right of access to information held by public authorities.
The following is a brief overview of these two key pieces of ‘access to information’ legislation:-
Freedom of Information
The Freedom of Information Act 2000 allows individuals to request any information from public authorities, including Councils, apart from environmental information or personal information. Requests for environmental information are dealt with by the Environmental Information Regulations 2004 and personal data is available under the Data Protection Act 1998.
The Freedom of Information Act 2000 is fully retrospective and applies to all information, not just information filed since the Act came into force.
Making a request for information
Requests for information from the Council under the Freedom of Information Act 2000 must be made in writing, either by letter or email.
The Council will tell you whether it holds the information, and will supply it within 20 working days, in the format requested by you, as long as none of the information sought is exempt from disclosure (see ‘Exempt Information’ below).
Exempt Information
The Council does not have to confirm or deny the existence of the information or provide it if a legal exemption applies, the request is vexatious or repeats a requestor’s previous request, or if the cost of compliance exceeds a statutory limit.
If an exemption applies, but is qualified, this means that the Council must decide whether the public interest in using the exemption outweighs the public interest in releasing the information.
If you apply for access to information under the Freedom of Information Act, and the Council considers any of it to be exempt from disclosure, we will write to you to let you know why.
Review and Complaints
If an applicant is unhappy with a refusal to disclose information, they can complain in the first instance to the Council’s Head of Legal Services. If, once the Council’s internal review process has been completed, an applicant remains dissatisfied with the outcome, they will have the right to complain to the Information Commissioner’s Office (ICO). The ICO will investigate the case and either uphold the Council's use of an exemption or decide that the information must be disclosed.
Make a request for information
Environmental Information Regulations
The Environmental Information Regulations 2004 provides members of the public with the right to access environmental information held by public authorities.
What is environmental information?
The Regulations divide Environmental information into the following six areas:
Making a request for environmental information
Requests for environmental information can be made to the Council by letter, email, telephone or in person.
The Council is legally obliged to provide environmental information within 20 working days, unless the information is exempt from disclosure (see ‘Exceptions’ below).
Exceptions
There are a few exceptions to this rule - for example, if the information is likely to prejudice national security - and if this is the case, the public authority must explain why the exception applies.
Review and Complaints
Similar to complaints relating to Freedom of Information requests, complaints regarding the way in which requests under the Environmental Information Regulations have been dealt with should be directed (in writing) to the Council’s Head of Legal in the first instance. If the applicant remains dissatisfied with the Council’s response, they will have the right to apply to the ICO for a decision.
Make a request for environmental information
For more detailed information relating to both the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 visit the Information Commissioner’s Office website at: www.ico.gov.uk
