Freedom of Information/EIR

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The Freedom of Information Act 2000 gives rights of access to all types of recorded information held by Public Authorities.

The Freedom of Information Act 2000  (FOI) gives people the right to request information from public authorities. It is intended to promote a culture of openness and accountability amongst public sector bodies, and therefore facilitate better public understanding of how public authorities carry out their duties, why they make the decisions they do, and how they spend public money.

In addition to the Freedom of Information Act 2000 (FOI), there are two other access to information regimes which the Information Commissioner has responsibility for:

• The Data Protection Act 2018, and
• The Environmental Information Regulations 2004

The Data Protection Act 2018 (DPA) enables individuals access to information of which they are the subject, e.g. someone's own education/medical records, credit reference file etc.  The DPA is not restricted to information held by/on behalf of public authorities or those bodies carrying out a public function nor is its purpose limited to the right of access to information. 

The Environmental Information Regulations 2004 (EIRs) enables people access to environmental information.  They are restricted to information held by/on behalf of public authorities and those bodies carrying out a public function. Further information on EIR can be found in the Downloads and Links sections of this page. together with the charging regime.

The Freedom of Information Act 2000 (FOIA) enables people access to information which is held by/on behalf of public authorities and those bodies carrying out a public function, and, which does not fall under either of the access regimes listed above i.e. personal information or environmental information.

Exemptions:

There are 23 exemptions to the freedom of information regime listed in the Freedom of Information Act that apply to all public bodies, 8 of these are absolute exemptions. Information accessible through the publication scheme is exempt from information requests, as it is already publicly available.

The main categories for exemption are:

• National security
• Law enforcement
• Commercial interest
• Personal data

A public interest test must be applied to the remainder of the exemptions - information must be released unless the public interest in not disclosing is greater than the public interest in disclosing. An unhappy applicant may appeal to the information commissioner about an authority's decision on where the public interest lies or if they think information has been wrongly withheld.

For further information on the Freedom of Information Act or to make an information request, see the Downloads and Links sections of this page.

Applicable Charges:

Where possible simple requests under the Freedom of Information Act will be processed free of charge. However the Act permits a charge to cover photocopying, (currently A4 - 10p per side, larger then A4 price on request, documents produced externally will be charged at cost), and postage at cost. We will advise you of any costs involved during the processing of your request. More complex enquiries may attract an additional charge to cover officers time in obtaining the data requested but will conform to Government/ICO guidelines (currently this will be £25 per hour or part thereof). We will again advise you of any likely charges your request might incur. Standard charges will also be made for Information subject to a charging regime approved by the council or by parliament.  For EIR charges these will be based on the guidance from the ICO which can be found in the Downloads and Links sections of this page.

Using AI to draft information requests

AI tools can be helpful, but they can also introduce errors or create overly complex requests that increase the burden on public bodies and cost to the taxpayer.

When using AI to help draft an information request, make sure the final wording has been checked and reflects your actual information needs.

Before you submit a request or secondary correspondence, check that:

• You are only asking for the information you are genuinely looking for.
  • AI tools sometimes generate broad or excessive wording that goes beyond the information you actually want or need;
• The request is clear, concise and focused.
  • Short, straightforward requests are easier for us to process and usually lead to quicker, more accurate responses
• There are no obvious factual inaccuracies.
  • AI can misrepresent legislation or misstate what organisations do. Review the text of your request carefully and don't assume AI is right. If it has referred to something you don't understand, check what it is
• The tone is appropriate.
  • AI-generated content can sometimes sound abrupt, or otherwise inappropriate. Check the tone before sending.

Why it matters

We are seeing an increase in requests and secondary correspondence that appear to have been drafted by generative AI. These can require additional clarification because of inaccuracies or unnecessary complexity. This creates delays for both requesters and our teams.

Guidance

You can find advice on making effective information requests on the Information Commissioner's Office website.

Making a Complaint

If you are unhappy that information within this scheme has not been made available, please write to the Freedom of Information Office, Riverbank House, Bideford EX39 2QG or email: [email protected]

Internal reviews will be conducted by either the Legal Services Manager, Head of Legal & Governance or other Senior Officer of the Council.

If you are not satisfied with the response from the internal review you have the right to apply to the Information Commissioner for a decision:

• FOI/EIR Complaints Resolution, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• http://www.ico.org.uk/