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The right under the Freedom of Information Act (FOI) and the Environmental Information Regulations (EIR) to request information held by public authorities, known as "the right to know", came into force on 1st January 2005
Online: Request information / send us your comments Use this form to request information or to provide us with feedback on the Council's Freedom of Information Publication Scheme, we aim to respond to your request within 20 working days.
Telephone: 01268 294264
Fax: 01268 294350
Email: freedomofinfo@basildon.gov.uk
Write:
Freedom of Information Coordinator
The Basildon Centre
St Martins Square,
Basildon, Essex
SS14 1DL
The Data Protection Act 1998 (DPA) is the sister act to the Freedom of Information Act, and the Information Commissioner - formerly the Data Protection Commissioner - is responsible for enforcing both.
Whereas the Freedom of Information Act and the Environmental Information Regulations (EIR) allow you access to a vast range of information on public issues, the DPA gives you a right of access to personal data and protects it from others.
As a general rule, any information you can access about yourself under the DPA cannot be released to others under the FOIA and the EIR. However, some personal information might be disclosed to third parties if it is deemed not to breach the data protection principles set out in the DPA.
The Information Commissioner’s Office (ICO) enforces and promotes the Act and the EIR. It has responsibility for ensuring information is disclosed promptly and exemptions from disclosure are applied lawfully.
The Freedom of Information Act and the Environmental Information Regulations allow you access to recorded information (such as emails, meeting minutes, research or reports) held by public authorities in England, Northern Ireland and Wales.
A public authority includes:
There are 23 exemptions in the Act, some of which are 'absolute' and some 'qualified' (information relating to national security and commercially sensitive information, for example), and 12 exceptions from disclosure in the EIR, all of which are qualified.
Where information falls under an absolute exemption, the harm to the public interest that would result from its disclosure is already established, so there is no public interest test.
If the information is covered by a qualified exemption or exception the public interest test must be applied.
The public interest test favours disclosure where a qualified exemption or an exception applies. In such cases, information may be withheld only if it is considered that the public interest in withholding information is greater than the public interest in disclosing it.