A Guide to Freedom of Information Act and Environmental Information Regulations 2004 Requests to the Pembrokeshire Coast National Park Authority
You have the right to request recorded information held by public authorities. The most obvious kind of recorded information is electronic or paper copies of formal documents, like policies or minutes of meetings. But you can also request information held in other kinds of records like emails, photographs or audio recordings.
There are laws that give you this right of access, which are:
- the Freedom of Information Act (FOIA);
- Environmental Information Regulations (EIR);
If you ask for information, public authorities must provide it, unless there’s a good reason not to.
If you want to request a copy of your own personal information from a public authority, you need to make a subject access request.
This is a ‘quick guide’ to the FOIA and EIR and to the Authority’s processes in complying with them. It is NOT a definitive summary of the law or of the policies and procedures implemented by the Authority to comply with them.
This Authority tries to be open in its activities and to provide information when requested, however the Freedom of Information Act and Environmental Information Regulations require even greater access and a more formalised approach to dealing with requests.
How to submit a ‘request for information’
A request must be in writing (unless it is for Environmental information, in which case it can be made verbally) and give a name and address (email names and addresses are valid). We have a duty to assist people to make such a request if they require help in doing so. Requests may be emailed to info@pembrokeshirecoast.org.uk
Please be specific and provide a clear description of the information that you want with any dates or other details that will help us search for the information that you want. Please include contact details we can use to respond to you in writing and an indication of how you would like to receive the information (for example by email).
Whilst the use of Artificial Intelligence (AI) tools are becoming common place to help draft requests, please use with caution as requests drafted in this way are often overly complicated, include points that are irrelevant or cite incorrect laws making the request more complex than necessary. Please ensure the request is clear, concise and focussed as short, straightforward requests are easier for us to process and usually lead to quicker, more accurate responses.
Unless an exemption/exception applies, we are required to: (1) confirm or deny we have the information, AND (2) disclose the information. Usually this must be done within 20 working days. If we ask you to clarify your request, the 20 working days don’t start until you have provided clarification. We might also need to extend the time taken to respond to an FOI request if we need to consider the balance of the public interest in disclosing or withholding information you have requested. If we’re going to do this, we must write to let you know within the initial 20 working days. Under EIR, we can take up to 40 working days if the request is complex.
You can find advice on making effective information requests on the Information Commissioner’s Office website.
What information is covered?
The FOIA and EIR are retrospective, i.e. they apply to information of any date. ‘Information’ covers all recorded information. So, it includes details of policy, procedures, decision-making, reports, minutes of meetings, correspondence (including emails), working papers, informal notes, etc. It also covers information (including that contained in emails) recorded by Members in their official capacity and held by the Authority.
The FOIA and EIR apply to information in any medium, i.e. electronic or hard copy. ‘Information’ may also include information copied or loaned from third parties who may not themselves be subject to the Act/Regulations. Information held by our contractors may also have to be disclosed.
Will I receive everything I ask for?
Not always.
You have the right to access information that already exists, but we don’t have to create new information to respond to your request. And sometimes we just don’t hold the information you’ve requested or hold it in the format that you’ve asked for. If that’s the case, we will explain that to you.
We can also refuse your request if it is vexatious, repeated or if it would cost too much to comply. This is to protect public money.
If we estimate that complying with a FOI request would cost more than £450, then we can refuse your request. The cost of complying can include staff time, worked out by hour.
Under EIR, there isn’t a set cost limit beyond which we can refuse a request. We can refuse requests if the cost would be manifestly unreasonable.
Being as specific as possible in your request helps reduce the cost of responding to it. You are then more likely to get the information.
We can refuse a request if it is vexatious (FOI) or manifestly unreasonable (EIR). This means that the request is likely to cause a disproportionate or unjustifiable level of disruption, irritation or distress.
Can we withhold information?
There are valid reasons why we may refuse or partially refuse your request for information. Specific parts of the legislation set out these reasons. They’re called ‘exemptions’ under the FOIA and ‘exceptions’ under EIR. Further information on these can be found on the Information Commissioner’s website.
Publication Scheme
The Authority’s Publication Scheme provides links to information we routinely make available. If the information is already published, is on the website, is soon to be published or is easily available elsewhere we do not need to provide the information although we should advise the requester.
Fees
Under FOIA, the Government has indicated that up to a cost ceiling of £450 no charge will be allowed, except for ‘disbursements’ (i.e. copying and posting). We are not obliged to spend more than £450 in responding to an enquiry. We must try to present the information in the way requested, e.g. copies – or inspection – of original records, or a summary. If the cost ceiling of £450 would be breached by providing the information in the way requested, we must inform the requester and seek an alternative, cheaper way to provide it, e.g. by inspection rather than by providing copies. If the cost is above £450, the requester must pay before the search and collation of the data commences.
If you’ve requested environmental information, the EIR fees system allows a public authority to charge for working time spent locating information.
Copyright
If the response might include information obtained from a third party care must be taken not to breach copyright – in particular OS maps and extracts from reports not commissioned by the Authority.
Complaints
Complaints about the Authority with regard to the FOIA must be made in writing using the Authority’s FOI Complaints Procedure which is explained in the response to each FOIA request. If dissatisfied with the outcome, a person can then complain to the Information Commissioner.
For further information please contact Pembrokeshire Coast National Park Authority, Llanion Park, Pembroke Dock, Pembrokeshire SA72 6DY
Phone :01646 624800