1. Transparency in Public Administration – FOI and EIR
Shauna Dunlop
NI Group Manager
Information Commissioner’s Office
40 minutes
12:15 -> 12:55

2. Outline Information Rights Time of Transition Transparency
Corporate Governance
Duties & Responsibilities

3. Freedom of Information Act 2000
The Freedom of Information Act 2000 (FOI) provides public access to information held by public authorities (PA) across the UK
It does this in two ways:
public authorities are obliged to publish certain information about their activities
and members of the public are entitled to request information from public authorities

4. Why – FOI?
People have a right to know about the activities of public authorities, unless there is a good reason for them not to
Access to official information can also improve public confidence and trust if government and public sector bodies are seen as being open

5. FOI in Practice Everybody has a right to access official information
Recorded information includes printed documents,
computer files, letters, s, photographs, and sound
or video recordings.
Purpose and applicant blind
Available to anyone, anywhere (inc. outside UK)
Consider any information you release under the Act as if it
were being released to the world at large

6. FOI in Practice - Requests
The public authority that receives the request is responsible for responding – the existing Council/Department
A requestor does not need to mention the FOIA
Consider the two separate duties when responding to these requests:
to tell the applicant whether you hold any information
falling within the scope of their request; and
to provide that information
Complex/S40 enquiries – review 20 working days

7. FOI in Practice – Requests (2)
To be valid it must be in writing (inc. Twitter and Facebook)
Include the requester’s real name
Include an address for correspondence
Describe the information requested
Clarify the request
Cost considerations (£600/£450)

8. FOI in Practice – Responding to a Request
FOI favours disclosure unless there is a good reason not to disclose. This is sometimes described as a presumption or assumption in favour of disclosure
Some reasons not to disclose may include:
Vexatious request
Personal Data
Cost
Repeated requests
Exemptions

9. FOI in Practice - Exemptions
Most exemptions are not absolute but require you to apply a
public interest test
You do not have to apply an exemption. However you
must consider other implications
Exemptions:
S21 – Information already reasonably accessible
S22 – Information intended for future publication
S35 – Government Policy
S40 – Personal information
S43 – Commercial interests

10. FOI – Regulatory Action
The ICO has a range of powers to take action in relation to
FOI.
On receipt of a complaint the ICO may issue a Decision Notice
Failure to comply with a Decision Notice may be contempt
of court, punishable by a fine
Section 77 states that it is a criminal offence to alter, block,
destroy or conceal information. Depending on the nature of
the incident, an authority or its individual members of staff
could be charged with this offence. The penalty is a fine
Monitor performance

11. Environmental Information Regulations 2004
The Environmental Information Regulations (EIR) 2004 provide
public access to environmental information held by public
Authorities (PA)
The Regulations do this in two ways:
public authorities must make environmental information available proactively
members of the public are entitled to request environmental
information from public authorities
Review with regard to new powers for Super Councils

12. Background to EIR
The Regulations are derived from European law. Each member
State has it’s own version
They implement the European Council Directive 2003/4/CE on
public access to environmental information (the EC Directive)
in the UK
The principle behind the law is that giving the public access to
environmental information will encourage greater awareness of
issues that affect the environment

13. What is environmental information
Definition in EIR
3 key terms:
Elements of the environment
Factors affecting or likely to affect the elements
Measures or activities affecting or likely to affect elements or factors
Information does not have to be “on” the environment
Financial information could be classed as environmental
information if, for example, it related to the costs of developing wind farms or building a new tourist attraction

14. EIR in Practice
Everybody has a right to access environmental information
Disclosure of information should be the default
An applicant (requester) does not need to give a reason for
wanting the information
You must treat all requests for information equally
You should treat any information you release under the
Regulations as if it were being released to the world at large

15. EIR in Practice (2)
The Regulations say that any information that is in your
possession that you have produced or received is considered
to be ‘held’
What is included - any recorded information you hold that falls within the definition of ‘environmental information’
It is not limited to official documents or information you create – it can cover, for example, drafts, s, notes, recordings of telephone conversations and CCTV recordings

16. EIR in Practice – Responding to a Request
A requestor does not need to mention the regulations
A request can be made in writing or verbally (not defined)
You should always respond in writing, regardless of whether
the request was made verbally or in writing
Make that information available, unless an exception applies
You normally have 20 working days to respond to a request

17. EIR in Practice – Responding to a Request (2)
Regulations state a public authority shall apply a presumption
in favour of disclosure.
Some exceptions may apply:
If the request is too general
Manifestly unreasonable
Costs - A charge may be applied of a ‘reasonable amount’

18. EIR in Practice – Exceptions/Disclosures
12(4)(c) The request is too general
12(4)(d) The request is for unfinished documents
12(4)(e) The request involves disclosure of internal communications
12(5) Exception based on harmful consequences of disclosure
12(5)(e) Commercial confidentiality
12(5)(g) Protection of the Environment

19. EIR in Practice – Regulatory Action
Deletion could be a criminal offence under regulation 19 if the
deletion is intended to prevent disclosure (equivalent S77 FOI)
The ICO will issue a decision notice after investigating a
concern. If we find that you have breached the Regulations,
the decision notice will say what you need to do to put things
right

20. FOI and EIR – Some Key Considerations
Jurisdictions
Valid Request
Public Authority rules
Environmental Information defined
Exemptions/Exceptions
Timescales
Costs

21. Other Issues Codes of Practice Records Management
Normal Course of Business
Other Relevant Legislation
Good Practice
Reputation

22. Q & A Session

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24. Information Commissioner’s Office 3rd Floor 14 Cromac Place BELFAST BT7 2JB