Background
Depending on the nature of the information sought, requests for information can be considered under three access regimes. Requests for environmental information must be treated under the Environmental Information Regulations (EIRs). Requests from an individual for his or her own personal data must be dealt with under the Data Protection Act (DPA). Any other written request for information should be dealt with in accordance with the provisions of the Freedom of Information Act (FoIA).
The DPA applies to Members of Parliament. Individual Members are Data Controllers in their own right and each is responsible for the application of the Act to their parliamentary and constituency activities. The House's guidance and procedures for handling such requests, and for the processing of personal data, can be found on the House of Commons Data Protection page. However, while the FoIA and the EIRs apply to the House of Commons administration, they do not apply to individual Members of Parliament. Further information relating to this can be found in the Freedom of Information and Members' Correspondence with Public Authorities (
PDF 108 KB) leaflet.
Requests for information
The House's policy is to respond to most requests on a business-as-usual basis although all written requests must also be dealt with according to the requirements of the FoIA. This means that they should be dealt with helpfully, promptly, and within 20 working days of receipt. If staff are absent, they should ensure their official mail is opened and that Out of Office messages give an alternative email address. Generic email addresses should be checked regularly.
Some requests for information will require more formal treatment. The FoI team should be informed if any of the following conditions apply:
- the request is for information not normally given out
- the intention is to refuse information
- the intention is to charge for information
- conscious consideration of the release of information is required
- a complaint is made or an internal review requested
- it is a repeated or vexatious request
- the request is for personal information
- the request is for environmental information
What are the Environmental Information Regulations?
Like the FoIA the EIRs give access rights to any person, but they refer specifically to information about the environment. The EIRs give a wide meaning to 'environmental information', which could range from details of health and safety at the House to its recycling policy. The main features of the Environmental Information Regulations are:
- requests for information do not need to mention the regulations
- in contrast to the FoIA, requests may be made verbally
- the House must reply within 20 working days
- absolute exception for parliamentary proceedings
- limited range of other exceptions, all subject to a public interest test
The Freedom of Information team
The FoI team is responsible for maintaining a log of all enquiries handled formally under the FoIA and EIRs. The FoI team should be promptly provided with a copy on receipt of a request. A copy of the response, once agreed, should also be forwarded to them. The FoI team do not routinely log details of simple requests which are dealt with as part of normal business processes. However, the FoI team should be contacted if there is any doubt. They may consult with the Legal Services Office and the Clerk of the Journals.
Data Protection and Freedom of Information Officer, Freedom of Information Co-ordionator: 020 7219 8805.
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