Freedom of Information and Environmental Information Regulations

Public sector bodies are subject to additional access to information regimes by way of the requirements under the Freedom of Information Act (FOIA) and the Environmental Information Regulations (EIR).  These come with their own requirements to proactively publish information, as well as making information available on request.  Contractors who work with public authorities can also be subject to the regime if they hold information on behalf of a public authority that is subject to the regime. 

Public authorities also have additional gateways for sharing information – such as through Memorandum’s of Understanding between regulators, or sharing for research purposes under the Digital Economy Act (DEA).

Our specialist team includes lawyers with experience of advising central government departments in an in-house capacity, as well as advising a wide variety of public authorities on a range of information requests.  We also have experience of advising in relation to complaints to the Information Commissioner’s Office (ICO) and appeals to the Tribunal against ICO decisions. 

We offer advice and support on:

• Drafting and maintaining a publication scheme
• Proactive publication of matters where there is likely to be significant interest
• Strategic approaches to the release of information outside of the statutory regimes
• The application of exemptions, and drafting of response letters
• Assistance with internal reviews
• Dealing with complaints made to the ICO
  Advice on joining tribunal proceedings when an appeal is issued against an ICO decision upholding a public authority’s position
• Litigation support when a party to information law tribunal proceedings
• Drafting MoUs to ensure proportionate and lawful sharing of relevant information
• Sharing information under the provisions of the DEA – including the drafting of relevant contractual provisions, and advice on meeting the requirements of the regime