Freedom of Information Frequently asked questions

What information can I obtain under FOI?

The Freedom of Information (Scotland) Act 2002 (FOISA), provides a general right of access to recorded information held by the University, subject to various exemptions that may be applied.

If the University does not hold the information requested then obviously it cannot provide it and you will be informed of this fact.

Information about you will not be released under FOISA but a request can be made under data protection legislation’s right of access.

It is important to note that only recorded information (e.g. minutes of meetings etc.) can be requested. Requests asking for ‘opinions’ which are not recorded will not be provided.

What information can I obtain under EIRs?

The Environmental Information (Scotland) Regulations 2004 give the public access rights to recorded environmental information held by a public authority, subject to various exceptions that may be applied.

This includes information relating to, but not limited to, information about land development, pollution levels, energy production, and waste management.

If the University does not hold the information requested then obviously it cannot provide it and you will be informed of this fact.

How do I make a request?

Anyone, anywhere can make a request for information and will be entitled to receive it, provided no exemptions/exceptions apply. The request can be made by an individual or an organisation.

Freedom of Information requests must be in writing or in another permanent form, (e.g. by email).  Requests must state the full name and address (or email address) of the applicant and describe what information is required. There is no need to refer to the legislation or explain why information is being requested.

Environmental Information requests can be made verbally or in writing, so a request could be made by telephone, letter or email.  The Regulations say that responses to all requests must be in writing, therefore a name and contact details for correspondence must be supplied.

How will the University handle a FOI request?

All requests should be responded to promptly and in any case within 20 working days. If the request is not clear and needs to be clarified the University will ask for more details, in order to identify the information requested.

The University is not obliged to comply with a request if an exemption applies or if the cost of doing so would exceed the amount set by the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004. In any of these instances, the University will notify the applicant. In addition to this the University is obliged to provide advice and assistance to anyone who makes a request for information.

If an applicant is dissatisfied with the way their request is dealt with, they can ask the authority for a formal review. If following that review the applicant remains dissatisfied, an appeal can be made to the Scottish Information Commissioner.

How will the University handle an EIR request?

All requests should be responded to promptly and in any case within 20 working days. However, if the request is deemed to be complex or voluminous this can be extended to 40 working days. If the request is not clear and needs to be clarified the University will ask for more details in order to identify the information requested.

The University is not obliged to comply with a request if an exception applies or if the request is manifestly unreasonable.  Charges may be made for providing information in line with the University’s published charging regime. In any of these instances, the University will notify the applicant. In addition to this the University is obliged to provide advice and assistance to anyone who makes a request for information.

If the University does not hold the information requested but believes that some or all of the information requested is held by another Scottish public authority, the EIRs allow the University to transfer a request to another authority.

If an applicant is dissatisfied with the way their request is dealt with, they can ask the authority for a formal review. If following that review the applicant remains dissatisfied, an appeal can be made to the Scottish Information Commissioner.

Exemptions/Exceptions - can information always be accessed?

There are 17 categories of exempt information under FOISA covering areas such as:

  • when information is otherwise accessible;
  • where information is intended for future publication;
  • personal information;
  • confidentiality; and
  • commercial interests.

As with FOISA, there are instances where, under the EIRs, we may not be able to respond to your request for environmental information or we may not be able to provide all the information you have requested, if an exception applies.   These include such areas as:

  • the University does not hold the information;
  • the request is manifestly unreasonable;
  • the request relates to information that is incomplete or unfinished; or
  • the request contravenes any of the Data Protection principles.

The University will always try to release information whenever possible.  If an exemption/exception applies, the applicant will be given a written refusal notice which explains why the request is being refused. The notice will also inform the applicant of their right to apply for a review of the decision.

How does freedom of information/environmental information fit with data protection?

Data Protection legislation aims to secure individuals' rights to privacy by protecting information that is held about them. Any authority that handles personal data must comply with the data protection principles which control how such data is processed. These principles include, amongst others, that processing of personal data must be lawful and fair. Individuals have the right to ask for a confirmation that their data is being processed, and have access to their personal data, this is known as a subject access request.

Under FOI or EIRs, a request by an individual for information about themselves will be exempt and will instead be handled as a subject access request, under data protection legislation.

If someone makes a request for information about another living individual, this will be handled under the Freedom of Information (Scotland) Act. Certain data protection considerations, however, may still apply. For example the University will not have to provide the information if the disclosure would breach the data protection principles.

If the University is considering disclosing information about an individual then it may notify the individual and may take account of their wishes.  However, the University does not have to be bound by the views of the individual.

Can I make a request via social media?

FOI requests can be made through official University-managed Twitter/Facebook accounts in the same way as they would an email or letter. If using social media to submit a request please bear in mind some platforms have a word character limit and full and address must be included not a social media user name.

How are the Environmental Information Regulations similar to Freedom of Information?

Both the EIRs and FOISA:

  • encourage proactive dissemination of information to the public and have a 20 working day turnaround time limit; this can be extended in EIRs to 40 days for voluminous or complex requests;
  • require public authorities to provide assistance to the public when making a request;
  • require the information to be provided in the form and format in which it was requested; and
  • are overseen by the Scottish Information Commissioner who promotes and enforces compliance.

What are the main differences between EIR and FOISA?

  • Requests for environmental information can be accepted verbally, FOISA requests must be in writing.
  • EIRs have exceptions rather than exemptions and all of these are subject to the public interest test.
  • Provision for charging of fees is different – under the EIRs there is no upper of lower threshold and authorities can recover, in full, the cost of supplying the information.