Information rights regimes

Data Protection Act 1998

Section 7 – Subject Access

Freedom of Information Act  2000

Section 1 – Right of Access

Environmental Information Regulations 2004

Regulation 5 – Duty to make available

Requests are for personal information made by the data subjec Requests are for general information held by the Council and can include requests for information about 3rd parties and the deceased Requests are for environmental information – flora, fauna, water, soil, land, coastal, atmosphere, energy, noise, waste, emissions, public health
Applies to all organizations Applies to public authorities Applies to public authorities and some private companies
Requests must be in writing Requests must be in writing Requests can be made VERBALLY or in writing
Applicant must provide their name address and proof of their identity Applicant must provide a name and contact address. No identification is required Applicant must provide a name and contact address. No identification is required
Maximum fee the Council is allowed to charge is £10.00 The Council can only charge for disbursements e.g. photocopying and no more than 10p per A4 sheet The Council can charge any reasonable fee. Photocopying charges should not exceed 10p per sheet
The Council can refuse requests for unstructured manual data if it will exceed 18hrs. However, this does not apply to social care, education or health records The Council can refuse requests that take over 18hrs to extract, retrieve and disclose the information The Council can refuse requests which involve a disproportionate effort to comply with
Access is subject to ‘exemptions’ within Part IV in the DP Act Access is subject to ‘exemptions’ within Part II of the FOI Act Access is subject to ‘exceptions’ within Part III of the EI Regulations
Complaints can be made straight to the Information Commissioner’s Office Complaints must be made to the Council first, requesting an internal review. Complaints must be made to the Council first, requesting an internal review
The Council must ‘notify’ their processing to the Information Commissioner’s Office The Council must have a Publication Scheme The Council’s Environmental Information Regulation charges should be published in our Publication Scheme

For further advice and assistance on each of the above statutory information rights regimes, please email the Information Governance team or phone 01392 380100.