Frequently asked questions12 December 2008
For more information see our detailed Handbook (DOC format - 878K). If you would like us to send you a paper copy of the Handbook please contact us.
What are my rights?
Under the Freedom of Information Act 2000 (FOI Act) you have two rights:
- to know whether the authority holds the information you request
- to have that information communicated to you
Under the Environmental Information Regulations 2004 (EIR) you have a general right to have information made available to you.
Why are there two sets of laws?
The FOI Act applies to all information except for "environmental information". The EIR apply to "environmental information" only. Your rights under both regimes are similar, although they are stronger under the EIR.
What is "environmental information"?
Environmental information is defined very broadly in the EIR. The full definition is set out below.
Importantly, environmental information is much more than just environmental data. "Environmental information" can include expressions of opinions, reports, letters, analyses, studies, notes of meetings, telephone records, emails between authorities and much more. It can cover areas relating to issues such as planning, tourism, transport, farming, industry, pollution, noise, waste and much more.
Definition of environmental information
"environmental information" means any information in any form on:
(a) the state of the elements of the environment, such as air, water, soil, land, biological diversity, genetically modified organisms, and the interaction among these elements;
(b) factors, such as substances, energy, noise, radiation or waste, emissions, discharges and other releases into the environment;
(c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the environment or designed to protect it;
(d) reports on the implementation of environmental legislation;
(e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and
(f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment (in (a)) or the factors or measures in (b) and (c);
Do I need to say in my letter whether I want "environmental information" or other information?
No. There is no need to refer to any law at all in your request. However, if you know that you want environmental information then it can be helpful to refer to the Environmental Information Regulations just to remind the authority. That is because your rights are stronger under the EIR than under the FOI Act.
Are the laws retrospective?
Yes. Your rights to know apply to any information held by a public authority no matter when the information was created by or given to the authority.
Who can access this informations?
Anyone, including people from overseas.
How do I make a request?
Your request must be in writing (email is fine). Give your name and an address (including an email address) where they can respond to. Describe the information that you want. If the information is "environmental information" you don't have to put your request in writing - but we strongly recommend that you do so.
Unlike in some countries there is no need to specifically refer to the FOI Act or to the EIR - simply send a request.
Who can I ask for information?
The FOI Act lists classes of authorities that are covered (including Government departments and local authorities). There are thought to be more than 100,000 different public authorities that are subject to the Act.
A detailed list can be found at http://www.dca.gov.uk/foi/coverage.htm.
For "environmental information" you also have a right to information that is held by certain companies and other bodies not covered by the FOI Act, including waste companies, water companies, power generating companies, airport operators and others. That means that you can write directly to those companies and request environmental information and they must give it to you. More detail on this is contained in our Handbook.
Do I need to send a request to a particular person in an authority?
No. You can make your request to any person that you want and the authority still has to comply. However, we recommend that you send your request to the Information Officer in an authority or, even better, to the particular person who deals with the area that your enquiry covers. That is particularly helpful where you are sending your request to a very large government department with thousands of staff covering different areas.
Do they have to give me the information?
Mostly yes, although there are some exceptions. The exemptions are complicated, and more information about them can be found in our Handbook.
How quickly must they give me information?
Public authorities have to release the information "promptly" (within 20 working days) unless they need longer to carry out an assessment of the "public interest". In those cases there is no explicit time limit.
For environmental information you must be given the information "as soon as possible" and in any event within 20 working days. Time can only ever be extended where the information requested is both complex and voluminous, and may only be extended by another 20 working days.
What can I do if they refuse to let me have the information?
You can make a complaint to the same authority that refused to give you the information (if they have a complaints procedure). If you are still refused the information (or if they have no complaints procedure) then you should make a complaint to the Information Commissioner. The Information Commissioner can make a binding decision and force the authority to give you the information.
For environmental information, public authorities must have an internal complaints procedure in place which you should use first.
How much can they charge me?
For information published under the Publication Scheme the charging regime must be set out in the scheme. For other (non-environmental) information authorities can make a charge as long as that charge is in accordance with the Fees Regulations.
Generally authorities will only be able to charge for copying and postage, and not for time involved in researching and responding to the request unless that amount exceeds £600 (central government) or £450 (other authorities). That is the main reason for trying to keep your request focussed.
For environmental information, authorities are entitled to charge a "reasonable amount". Authorities must also have a "charging scheme" which sets out clearly the amount that they will charge and the situations in which they will or will not make a charge.
What is a publication scheme?
All public authorities must produce and maintain a publication scheme, which sets out what kinds of information the public authority will make available to the public and how they will do so. All schemes must be approved by the Information Commissioner, and once a publication scheme is in place then an authority must comply with whatever they have set out in there.
A publication scheme is a very good starting point if you want to know what types of information a particular authority generally publishes.
