Transcript Slide 1

Transparency in
Public Administration –
FOI and EIR
Shauna Dunlop
NI Group Manager
Information Commissioner’s Office
Outline
• Information Rights
• Time of Transition
• Transparency
• Corporate Governance
• Duties & Responsibilities
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
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
FOI in Practice
• Everybody has a right to access official information
• Recorded information includes printed documents,
computer files, letters, emails, 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
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
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)
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:
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Vexatious request
Personal Data
Cost
Repeated requests
Exemptions
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
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
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
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
What is environmental information
Definition in EIR
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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
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
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, emails, notes,
recordings of telephone conversations and CCTV recordings
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
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’
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
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
FOI and EIR – Some Key Considerations
• Jurisdictions
• Valid Request
• Public Authority rules
• Environmental Information defined
• Exemptions/Exceptions
• Timescales
• Costs
Other Issues
• Codes of Practice
• Records Management
• Normal Course of Business
• Other Relevant Legislation
• Good Practice
• Reputation
Q & A Session
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Information Commissioner’s Office
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BT7 2JB
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