When might information not be disclosed? (ERI)

Under the Regulations the Council must release environmental information unless there are compelling and substantive reasons to withhold it. Occasionally, the Council will be unable to supply information requested under the Environmental Information Regulations 2004 due to it being exempt from disclosure.

A list of exceptions can be found on the Information Commissioner’s Office website - https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/#exceptions

Where information is exempt, the Council will tell you why it is unable to supply it.

The Council does not have to comply with information requests that are manifestly unreasonable. Further information on manifestly unreasonable requests can be found on the ICO’s website: https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/regulation-12-4-b-environmental-information-regulations-manifestly-unreasonable-requests/

The Council will refuse requests for information where it has asked you for clarification and you have not provided it.

Cost -

EIR requests are generally free. In certain circumstances, a fee may be payable for determining, locating, retrieving and extracting information and/or the cost for disbursements such as photocopying and postage. If this applies, a Fees Notice will be issued to you with details of any costs involved in advance and you will be required to pay this before we can proceed to deal with your request.

The Council can make a charge when they estimate that the cost of determining whether they hold the information and of locating, retrieving and extracting it would exceed the fees limit of £450, based on an hourly rate of £25.