Freedom of Information Act 2000
Environmental Information Regulations 2004
Right to Know - Information Sheet
This guide provides a brief outline of your rights under the Freedom of Information Act 2000 (FOI)
and the Environmental Information Regulations 2004 (EIR). This guide tells you how DAERA will
deal with your request for information and should not be regarded as a legal interpretation.
What is the Right to Know?
The Freedom of Information Act 2000 (FOI) and the Environmental Information Regulations 2004
(EIR) came into effect on 1 January 2005. The legislation gives you the right to request information
held by a wide range of public authorities.
What information can I obtain?
The FOI legislation gives you a right of access to recorded information to help you to understand
better how this Department works, how we spend public money, and how and why we make our
decisions. EIRs provide access specifically to “environmental information”. The FOI/EIR legislation
does not give you a right of access to information that relates to you personally – your own
personal data – or any information that would not be disclosed to anyone else who happened to
request it.
You can also obtain information under the Data Protection Act 2018 (DPA) which, amongst other
things, gives individuals access to their own personal information. The DPA applies to private
enterprise as well as public authorities.
How do I get information held by the Department?
If you have access to the Internet, greater detail on how to make a request can be found in the
Information access section of the Departmental website
at https://www.daera-ni.gov.uk/access-
information-0. Alternatively, you can write to us at the address at the bottom of this document.
Environmental information can be requested verbally or in writing.
Please note that you must provide us with your name and address (or email address) to enable us
to respond to your request.
How long does it take to get my information?
The legislation requires us to respond to your request for information as soon as possible after it is
received, and not later than 20 working days after the date of receipt. This timescale may have to
be extended if the information requested is very extensive and, therefore takes a long time to
gather.
It will help us to process your request more quickly if you can be as specific as possible about
what information you want. Sometimes we might have to contact you in order to clarify exactly
what information you are interested in.
What are exemptions?
Both the FOI Act and the EIRs contain a number of exemptions (in the EIRs they are called
“exceptions”) allowing the Department to withhold information in certain circumstances.
However, most of the information held by the Department will not be subject to exemptions.
What if I am refused the information?
If we decide not to disclose some information, we will explain why it has been withheld and the
relevant exemption, unless doing so would itself disclose information which would be subject to
the exemption.
Is there a cost for getting information?
This depends on a number of factors including the volume of material requested. Responses to
enquiries that cost the department less than £600 to process will normally be provided free of
charge, although there may be a small charge for costs of photocopying, printing and postage.
The Department has the right to refuse to respond to a request that is estimated to cost more than
£600 to process unless the request is for information covered by EIRs, in which case the
Department has to process the request if you are prepared to pay the costs.
If the cost is greater than £600 and you agree to pay these costs, the Department will provide you
with the information unless it is covered by an exception.
What happens if the information I want is not available?
The legislation does not require us to gather or create information that is not already held. We will
contact you and tell you what, if any, information we do hold or suggest another Public Authority
which may hold the information you want. It is also possible that we may have had the information
at one time but that it has been lawfully destroyed, in which case we will tell you.
Can I complain if I am unhappy with the Department’s handling of my request?
You have the right to complain to the Department if we do not deal with your request for
information within the timescales set by the legislation - that is normally not later than 20 working
days after the date your enquiry is received by the Department. You also have the right to an
internal review, if you are dissatisfied with our response to your request for information.
Your complaint must be registered within two calendar months and will be investigated by the
Internal Review Officer. You will receive a reply as soon as possible and normally within 20
working days for FOI and 40 working days for EIR from the date your complaint is received.
If you wish to complain please write to:
The Internal Review Section at the DAERA contact address below.
If you are still dissatisfied after the internal review you can complain to the Information
Commissioners Office. The Commissioner's details are:
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.
Website: https://ico.org.uk, Phone: 0303 123 1113, Email: xx@xxx.xxx.xxx.xx
Where can I get more information about the legislation?
Further information can be found on the
DAERA website or on th
e ICO Website
You can also contact us at:
Department of Agriculture, Environment and Rural Affairs (DAERA)
Data Protection & Information Management Branch
Jubilee House
111 Ballykelly Road
Ballykelly
Limavady
BT49 9HP
Email: xxxxx.xxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx
