(33 KB)What does "holding information" under the EIRs mean?
The EIR definition of holding information is different from that in FOI. 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 goes wider than that of FOI as shown by the wording in bold.
The full definition given in the regulations is as follows:
Application
3. - (1) Subject to paragraphs (3) and (4), these Regulations apply to public authorities.
(2) For the purposes of these Regulations, environmental information is held by a public authority if the information -
(a) is in the authority's possession and has been produced or received by the authority; or
(b) is held by another person on behalf of the authority.
For more detailed guidance see:
Page last modified: 9 October 2007
Page published: 21
September 2005