There are many similarities between the Freedom of Information Act and the Environmental Information Regulations. A few of these are:
- Both have an initial time limit for responding to requests of 20 working days
- Both lay down a duty for handling requests, offering advice and assistance and transferring requests
- Both require the authority to consider the public interest
- Both use the same complaints procedure of internal review, followed by the Information Commissioner and eventually the Information Tribunal, if applicants are dissatisfied with the outcome of a request
The differences between Environmental Information Regulations and Freedom Of Information Act
Some of the differences between the Regulation and the Act are:
- The EIRs only cover environmental information. FOI covers all information held by public authorities, except environmental
- EIRs allow an extension of no more than a further 20 working days if the request is both complex and voluminous. FOI allows public authorities further time to consider the public interest
- EIR requests can be in any format. FOI requests must be in writing
- EIR allows authorities to make a charge for information providing it is reasonable. FOI has a charge limit below which information is provided free of charge
- EIRs have a different and generally narrower, range of exceptions than the exemptions in the FOI Act. There is, however, a particular exception for information whose disclosure could adversely affect the environment