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The Campaign for Freedom of Information Suite Baldwins Gardens London EC N RJ Tel Web www cfoi org uk A Short Guide to the Freedom of Information Act and Other New Access Rights Version January Campaign for Freedom of Information Ltd Registered in England no Registered o ?ce as above C CCONTENTS Introduction Obtaining information Model letter Charges When information can be withheld Challenging decisions Exemptions and the public interest test Table FOI exemptions to which the public interest test applies Table FOI exemptions to which the public interest test does not apply Table EIR Exemptions Obtaining your own personal data page page page page page page page page page page page This guide has been produced with the assistance of a grant from the Nu ?eld Foundation The Campaign for Freedom of Information ? s work is also supported by the Joseph Rowntree Charitable Trust the Allen Lane Foundation UNISON the Polden-Puckham Charitable Foundation and by donations from individuals ? Campaign for Freedom of Information C- - INTRODUCTION On January ?ve important new rights to information came into force ? The Freedom of Information Act ? The Freedom of Information Scotland Act ? The Environmental Information Regulations ? The Environmental Information Scotland Regulations ? Amendments to the Data Protection Act Freedom of Information The Freedom of Information Act gives you a wide-ranging right to see all kinds of information held by the government and public authorities You can use the Act to ?nd out about a problem a ?ecting your community and to check whether an authority is doing enough to deal with it to see how e ?ective a policy has been to ?nd out about the authority ? s spending to check whether an authority is doing what it says it is and to learn more about the real reasons for decisions Authorities will only be able to withhold information if an exemption in the Act allows them to Even exempt information may have to be disclosed in the public interest If you think information has been improperly withheld you can complain to the independent Information Commissioner who can order disclosure There are actually two new Freedom of Information Acts one for the whole of the UK except Scotland and another for Scotland ? The Freedom of Information Act applies to UK government departments - including those operating in Scotland - and public authorities in England Wales and Northern Ireland It also applies to the House of Commons the House of Lords and to the Welsh and Northern Ireland assemblies ? The Freedom of Information Scotland Act provides similar though slightly better rights to information held by the Scottish Executive Scottish public authorities and the Scottish Parliament C- - The UK Act is enforced by the UK Information Commissioner and the Scottish Act by the Scottish Information Commissioner Environmental information If the information you want relates to the environment your request will not be dealt with under the FOI Act but under new Environmental Information Regulations EIRs