FOIMan uses recent Information Commissioner decisions to illustrate when requests should be handled under the Environmental Information Regulations.

With two pieces of legislation governing the right of access to information in the UK, it can be confusing working out which to apply. I’ve written previously about the Environmental Information Regulations (EIR), including an article on understanding the definition of environmental information, and hopefully these pieces are helpful to practitioners and applicants alike.

If you’re still confused, I’ve revisited this subject in my latest piece for the Freedom of Information Journal. This time I’ve used some recent decisions of the Information Commissioner to provide examples of when requests ought to be processed in line with the EIR as opposed to FOIA. In particular, one example is a request where most of the questions it contained were considered to fall under EIR but one fell under FOIA.

I’ve also looked at whether – and if so, when – applying the wrong legislation really matters.

There’s a whole chapter on the EIR in The Freedom of Information Officer’s Handbook which can now be ordered with a 40% discount off the cover price up until the end of July 2020.