Freedom of InformationTraining for Grantham Institute staff 29th November 2013

Freedom of Information• UK Act, started 2005• Requires a response within 20 working days of

receipt of a written request sent with an address for response

• Pseudonyms • Purpose of request• Publication scheme

Responding to requests• Responses to a request includes• Providing the information. • Saying which exemption(s) we are using when not

providing information.• If necessary, why it is not in the public interest to

release the information even if it is exempt• If necessary, explain what harm could be done by

releasing information• Saying if the request is vexatious/breaches cost limit/is

repeated

EXERCISE• From the examples provided, identify:• Where information could be released• Likely to breach cost limit• Likely to be vexatious

Exemptions• 23 in total. Have used• Section 21, information already available• Section 22, information due for publication. • Section 36, prejudice to the effective conduct of public

affair• Section 40, personal information• Section 41, information provided in confidence• Section 43, commercial in confidence information• Sections 23-27, covering defence, national security and

international relations

• Public interest, prejudice, neither confirm nor deny

QUESTION AND EXERCISE• QUESTION: Are there any exemptions you

expected that aren’t there?• EXERCISE: What exemptions, if any, would you

apply to the two requests provided? What would be the public interest arguments? Is there any likelihood of harm should the information be released?

Processing requests and complaints• Processing• From logging to responding

• Complaints• Internal review• Information Commissioner’s office• Information Tribunal• Further courts

FoI Cases• University of Liverpool – thesis – use of Section 22• Queen Mary – support for academic freedom

Environmental Information Regulations• Environmental information regulations are• FoI for environmental information

• Come from an international convention (Aarhus) and an EU Directive

• QUESTION: Why a separate piece of legislation to FoIA?

Definition of environmental information“environmental information” has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on—• (a)the state of the elements of the environment, such as air and atmosphere, water,

soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

• (b)factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);

• (c)measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements;

• (d)reports on the implementation of environmental legislation;• (e)cost-benefit and other economic analyses and assumptions used within the

framework of the measures and activities referred to in (c); and• (f)the state of human health and safety, including the contamination of the food chain,

where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c);

Similarities to FoIA• 20 working days to respond• Processing requests and complaints• Required to publish certain environmental info –

use publication scheme• Covers all public authorities subject to FoIA and

other organisations with a public duty towards the environment

• QUESTION: Does this include utilities/water companies?

Differences to FoIA• Requests can be made verbally – though can be

then put into writing and say is this what you meant

• Manifestly unreasonable rather than vexatious• Exceptions rather than exemptions• All exceptions public interest test• Presumption in favour of release of all information

but especially that relating to emissions

Exceptions - 1• 12(4)(a)it does not hold that information when an

applicant’s request is received; • 12(4)(b)the request for information is manifestly

unreasonable; • 12(4)(c)the request for information is formulated

in too general a manner and the public authority has complied with regulation 9 (duty to advise and assist);

• 12(4)(d)the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data; or

• 12(4)(e)the request involves the disclosure of internal communications.

Exceptions - 2• Regulation 12(5)(a) International relations, defence, national

security & public safety.• Regulation 12(5)(b) The course of justice, the ability of a person

to obtain a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature.

• Regulation 12(5)(c) Intellectual property rights.• Regulation 12(5)(d) The confidentiality of the proceedings of a

public authority where such confidentiality is provided by law.• Regulation 12(5)(e) The confidentiality of commercial or

industrial information where such confidentiality is provided by law to protect a legitimate economic interest.

• Regulation 12(5)(f) The interests of the supplier of the information

• Regulation 12(5)(g) Protection of the Environment• (d) (e) and (f) cannot be applied to emissions information

EXERCISE• What exceptions, if any, would you apply to the

two requests provided? What would be the public interest arguments?

EIR cases• Most decisions relating to academic research have

involved environmental information and animal research

• Queen’s University Belfast – tree rings data• University of East Anglia – Climate change data• University of East Anglia – Tree ring data

Information Rights team• Rachael Maguire, r.e.maguire@lse.ac.uk, ext 4622• Dan Bennett, d.bennett@lse.ac.uk, ext 6481• Pcpd.info.rights@lse.ac.uk