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Freedom of Information

The Freedom of Information Act 2000 came into force on 1 January 2005, giving individuals, organisations or companies the opportunity to request information from public authorities

The Freedom of Information Act 2000 came into force on 1 January 2005, giving individuals, organisations or companies the opportunity to request information from public authorities. Applicants have the right to be informed in writing as to whether the council holds the requested information and to have that information supplied within 20 working days, subject to some exemptions.

What information is covered by FOIA?

This can include information held within minutes of meetings, correspondence, reports, and notes.

What type of information is exempt?

There are 23 exemptions contained within FOIA. Some information is exempt, for example, because it is personal information and is subject to the General Data Protection Regulation (GDPR)/Data Protection Act 2018 (s.40), or because it is being used in a criminal enquiry. The exemptions ensure that a proper balance is achieved between the right to know, the right to personal privacy and the delivery of effective government. The council will need to consider the content of the information, the effect that disclosure would have on the source of information and the purpose for which the information was recorded. If information is going to be withheld, the council must explain which specific exemptions apply and the reasons for this decision.

Environmental Information

The Environmental Information Regulations (EIRs) 2004 came into force on 1 January 2005 and gave members of the public the right to access environmental information held by public authorities.  Unlike the Freedom of Information Act 2000, a request can be made by letter, e-mail, telephone or in person. Environmental information is any information in written, visual, aural, electronic, or any other form.

If the council receives an EIR request for information, it is legally obliged to provide it, subject to exceptions, normally within 20 working days. There are a number of exceptions to this rule, for example, if the information is likely to prejudice national security, and if this is the case, the council must explain why the exception applies.

From 1 April 2023, for a transitional period, individuals wishing to submit FOI, EIR and Subject Access Requests should be advised to do so via legacy websites, as listed below:

Once new systems and processes have been agreed and implemented, they will be made available via the Cumberland Council website.