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Environmental Information Regulations / Freedom of Information

The Environmental Information Regulations 2004 and the Freedom of Information Act 2000 both came into force at the same time - 1 January 2005.

There are some important similarities and differences between the two pieces of legislation. This is a quick summary guide to what's the same and what's difference. For more detailed guidance please see our more detailed EIR guidance

What's the same

Timing
Both FOI and EIR(2004) came into force on 1 January 2005.
Information rights
Both FOI and EIR give certain rights to access information held by public authorities.
Making information available
Both FOI and EIR encourage public authorities to proactively make information available to the general public. Electronic publication and use of websites is encouraged as is any form of publication which promotes accessibility to information.
Publication schemes
Both FOI and EIR encourage the use of publication schemes. The idea of publication schemes is to provide a guide to the types of information the public authority holds. This should make it easier for the general public to know what information is held and where to find it.
Form and format
Both FOI and EIR make provision for the requestor to receive information in a format specified by them when it is reasonable to do so. For example, a requester may have a preference for either a paper or electronic copy of the information.
Handling requests
Both EIR and FOI give clear rules on how requests should be handled. Both encourage public authorities to give advice and assistance to the requestor.
Transferring requests
Both FOI and EIR lay down instructions for transferring requests to another public authority and informing the applicant that this has been done.
Time limits
Both FOI and EIR state that information requested should be provided within 20 working days as long as the information is held by the public authority and there are no reasons that exempt or exclude the information from being provided. This time limit can be extended, but the reasons for doing so are different in FOI and EIR (see what's different).
The public interest test
Both FOI and EIR require the use of the public interest test when deciding whether to exempt or exclude the provision of certain types of information. The public interest test requires the public authority to weigh up the interests to the public in releasing or withholding information. If the public interest between disclosing and withholding the information is evenly balanced the presumption is that the information should be disclosed.
Appeals procedures
Both FOI and EIR require the same initial three appeals procedures. In the order in which they should be used these are:
  • Internal Review by the public authority (although there is a 40 day time limit under EIR)
  • Appeal to the Information Commissioner
  • Appeal to the Information Tribunal
Public Authorities should inform requesters of their rights of appeal and should provide contact details for both the internal review procedure and appeals to the Information Commissioner.
The Information Commissioners Office is a UK independent supervisory authority reporting directly to UK parliament. They oversee and enforce compliance with EIR, FOI and DPA. The Information Tribunal was originally set up to hear appeals under the Data Protection Act 1998 but was renamed the Information Tribunal when it also became responsible for other information appeals.
The tribunal is presided by a chairman (a solicitor or barrister of at least seven years standing) with usually two lay members.

What's different

The type of information covered
EIRs only cover environmental information. FOI covers all information held by public authorities.
UK or EU Law
The Freedom of Information Act was made under UK law. The Environmental Information Regulations derive from European law.
Format of requests
FOI requests must be made in writing to the public authority. EIR requests do not have to be put in writing (although it will often help clarify the information sought if it is put in writing). Requests can be made by phone or in person.
Charging
Public authorities can make a charge for environmental information provided the charge is reasonable and the public authority publishes a schedule of charges. FOI requests can be charged or refused if the cost is over a certain limit (£600 for central government and £450 for other public authorities). EIR requests cannot be refused on cost grounds alone.
Extending the time limit
EIR allows an extension of a further 20 days to a maximum of 40 working days from the original request, but only if the request is both complex and voluminous. FOI allows an extension beyond the 20 working day limit to allow time for considering the public interest test.
What is meant by holding information
The EIR definition of holding information is different. Under the EIRs the public authority holds information if the information is in the authority's possession and has been produced or received by the authority or if it is held by another person on behalf of the authority. This definition is wider than that of FOI.
Exceptions to providing information
In both FOI and EIR there are certain provisions which allow public authorities to withhold information. In FOI these are called exemptions. In EIR these are called exceptions. There are many similarities between these exemptions and exceptions but there are also some important differences. See exceptions in a nutshell.
Public interest test
All exceptions under EIR are subject to the public interest test. Under FOI there are certain exemptions known as "absolute exemptions" for which the public interest test does not apply.
Public authority definition
The public authorities covered by FOI are listed in Schedule 1 of the FOI Act and the coverage can be extended under Section 5 of the Act.
All the public authorities that are covered by the FOI Act are covered by EIR but the definition of public authority in EIR is different and wider than that of FOI. It additionally includes bodies that are under the control of a public authority and have responsibilities, exercise functions or provide public services relating to the environment. For a more detailed explanation please see:
Vexatious requests
There is no exact equivalent to vexatious requests in EIR but the exception for "manifestly unreasonable" is likely to cover this type of request.
Aggregated requests
There is no exact equivalent to aggregation of requests in EIR. Many requests from the same individual or groups such as campaign groups may be covered by the "manifestly unreasonable" exception.
Duty to confirm or deny
FOI sets an explicit duty to confirm or deny whether the information is held. EIR only allows a public authority to "neither confirm nor deny" whether it holds information when that authority is refusing to disclose information on the grounds of international relations, defence, national security, or public safety. In FOI "neither confirm nor deny" can be used for all exemptions.

Page last modified: 7 December 2007
Page published: 21 September 2005

Department for Environment, Food and Rural Affairs