What can I request access to?

FOI covers any recorded information this is held by a public authority.  Recorded information includes printed documents, computer files, letters, emails, photographs and sound or video recordings. The Act does not give people access to their own personal data even if the personal data of the requester features in the information requested. In order to request personal data, this should be done via a Subject Access Request under the Data Protection Act.

All public authorities that are subject to Freedom of Information are also subject to the Environmental Information Regulations (EIRs). EIRs also apply to a wider range of organisations and bodies that have responsibility for the environment. EIRs therefore include private companies and partnerships with public authorities (water, energy, waste and transport).

Environmental information covers information on the state of the environment, such as:

• air, water, soil, land, flora and fauna, landscape and natural sites, genetically modified organisms and biological diversity
• information on energy, noise, radiation, waste, emissions, discharges and other releases into the environment
• policies, legislation, plans, and agreements
• the state of human health and safety, the food chain, cultural sites and built structures in as much as they are or may be affected by environmental factors
• cost benefit and other economic analysis

You can submit a request under the Environmental Information Regulations in the same way you would for a Freedom of Information request (see above). However, you can also make verbal requests under EIR.

There are some important differences between requests for information under the Freedom of Information Act and Environmental Information Regulations. For further information on this please see the EIR pages on the Information Commissioner's website or Defra.

Will there be information I won’t receive?

Sometimes information may be withheld for a variety of different reasons, these reasons are known as 'exemptions'. Exemptions cover a multitude of topics but have clear criteria that needs to be met before they can be used to withhold information from release. We have included information below on four of the most commonly used exemptions:

• s40 (2) – 3rd party personal data – Applies if the information would release personal data of a 3rd party
• s12 – Fees limit – This applies when the retrieval of the requested information exceeds fees limit
• s21 – Reasonably accessible elsewhere – This applies when the information can be easily obtained elsewhere, e.g., if available online.
• s22 – Future publication – Applies if the information is intended for future publication. Please note this must have a publication date even if this is an estimate.

For further information on exemptions, please see the Council’s page on exemption codes