Freedom of Information

From 1 January 2005, subject to certain legal exemptions, the Freedom of Information Act 2000 gave you a right of access to recorded information held by public authorities including Planning Service. The Provisions of the Freedom of Information Act 2000 enables the public to have a better understanding of Planning Service and its work through improved access to information.

Other legislation also allows the public to access certain types of information held by Planning Service. Of particular relevance are the Environmental Information Regulations 2004 which greatly extends the public’s access to Environmental Information and the Data Protection Act 1998 which gives individuals access rights to personal information held about them.

Anyone - body or individual can ask for information. There is no need to mention the Act however, the application must be in writing, including e-mail, a FOI request must be accompanied by a name and address for correspondence and, a description of the information required. Requests for information are not limited to addresses within the United Kingdom. The act is fully retrospective; any record we have made, or make now, if it is still held in 2005, can be disclosed. All data including computer or paper files and, personal information held by Public authorities and relevant bodies, is covered by the Act.

Any request for information held by/on behalf of a public authority or a body carrying out a public function is technically an FOI request in the first instance. Section 39 of the Freedom of Information Act 2000 then exempts environmental information from being dealt with under the FOI Act and provides it should be dealt with under the Environmental Information Regulations 2004.

If it is determined that part/all of the information requested is personal information, where the applicant is the subject of the information, access to that information will be dealt with under the Data Protection Act 1998.

In effect the three pieces of legislation work together, the Environmental Information Regulations enabling access to environmental information, the Data Protection Act 1998 enabling access to personal information of which the applicant is the subject, and the Freedom of Information Act enabling access to all other information.