ICO publishes guide to applying Environmental Information Regulations

The Information Commissioner’s Office has published a guide for public authorities on how to apply the Environmental Information Regulations.

The Regulations give the public a right of access to environmental information held by public authorities, which would not be considered for disclosure under the Freedom of Information (FOI) Act.

The information covered includes information relating to land development, air quality, energy production and waste management.

The ICO said it had received 452 complaints under the EIR over the last year, many of which concerned applications that had incorrectly been treated as an FOI request.

The watchdog pointed out that the FOI and EIR regimes differ in some important ways. These include:

• EIR requests can be made verbally, with the requester not having to give their real name;
• The EIR prevents statutory bars from applying. This means that requests cannot be refused due to the prohibitions on disclosure within other legislation.

A copy of the guide, and additional new guidance, can be found here. It covers:

• What the Environmental Information Regulations are
• What environmental information public authorities need to publish
• What public authorities should do when they receive a request for environmental information
• When public authorities can refuse a request for environmental information
• What happens when someone complains to the ICO.

Christopher Graham, the Information Commissioner, said: “While many public authorities will be used to responding to Freedom of Information requests, we regularly find that requests for environmental information have not been correctly identified as falling under the Environmental Information Regulations.

“This guide will help public authorities to identify EIR requests at an early stage and to respond correctly.”