The Information Commissioner

EIR AND THE ROLE OF THE INFORMATION COMMISSIONER

The Information Commissioner is responsible for administering the Data Protection Act 1998, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. All of these pieces of legislation  relate to information handling and further details of the Information Commissioner's role in regulating and enforcing them can be found on the website www.informationcommissioner.gov.uk

EIR-SOME GENERAL PRINCIPLES

EIR came into force on 1st January 2005, at the same time as the FOI Act 2000.Whilst both sets of legislation relate to access to information held by public authorities, there are fundamental differences between them, beyond the obvious point that EIR is concerned solely with access to environmental information.

Significant differences between EIR and FOI are found in a number of areas and further details of both are outlined on the Information Commissioner's website referred to above.

Important points for both public authorities and those requesting information from them to remember are that:-

• if the information request can be defined as 'environmental', it must be dealt with under EIR and not FOI legislation
• EIR requests need not be in writing but the reply must be
• Public authorities must respond as soon as possible and at the latest within 20 working days; this can be extended to 40 days if the request is complex and voluminous
• EIR creates a strong presumption in favour of the disclosure of information.  However, a number of exceptions can be applied to withhold information but, unlike FOI, all of the exceptions are subject to the 'public interest' test.  Although an exception could be applied, the public authority must still release the information unless the public interest in withholding the information outweighs the public interest in disclosing.
• or  more information on the public interest test click here

YOUR  RIGHT  TO COMPLAIN

You may be denied access to the information requested or you may have complaints about how the public authority handled your request, for example:-

• failure to respond within 20 working days
• failure to give proper advice and help
• failure to give the information in the form in which you requested it
• failure to clarify the reason(s) for refusing your request
• unreasonable charges
• problems associated with the public authority failing to have regard to  general principles such as those outlined above
• failure of the public authority to acknowledge its responsibilities under EIR i.e. claiming not to be covered by them
• failure to explain how the exceptions apply
• failure to explain the public interest test

WHO SHOULD I COMPLAIN TO?

Initially, you should complain to the public authority itself and request a review via their own complaints procedure. If they have no complaints procedure or you consider that your complaint has not been answered satisfactorily, you may contact the Information Commissioner's Office[ICO].This should be done as soon as possible within 2 months of either being refused information or experiencing any of the failures listed above

WHAT INFORMATION DOES THE ICO NEED?

To ensure that complaints are handled efficiently you should write to the address below, sending:-

• a covering letter giving details of your complaint
• details of your initial request
• a copy of the public authority's initial response[known as the Refusal Notice]
• a copy of the complaint you made to the public authority's internal review or complaints procedure
• a copy of the public authority's response
• any other information you consider relevant
• your contact details

TIMETABLE FOR AN ICO COMPLAINT   

On receipt of your complaint, you will be sent an acknowledgement. Your complaint will be allocated to a caseworker and you will receive an initial response within 28 days. This will outline the steps to be taken and give your case a unique reference number to be used in future correspondence.

If your complaint cannot be resolved informally, the ICO will issue a Decision Notice and send it to both you and the public authority you have complained about. If your complaint cannot be dealt with for any reason, you will be notified why.

WHAT IS A DECISION  NOTICE ?

A Decision Notice outlines the Information Commissioner's final assessment as to whether or not the public authority has complied with legislation. For example, if the ICO decides that the public authority has not given you the information you are entitled to, it can be instructed to do so.

At the same time as issuing a Decision Notice, you will be sent details of your right to appeal to the Information Tribunal ; the authority may also appeal.

WHAT IF THE PUBLIC AUTHORITY IGNORES A DECISION NOTICE?

If a public authority ignores a Notice, the Information Commissioner can make an application to the High Court. The Court will investigate and may deal with the authority as if it has committed contempt of court. The punishment may be a fine or even imprisonment.