Several of the exemptions listed within this Introduction to FOI Exemptions and the Freedom of Information: Exemptions guidance engage other substantial and distinct access regimes. If you receive a request for such information you must apply the rules of those regimes (complete with their exemptions provisions) to the information in question.
It is important to remember that the FOI Act supplements the existing rights of access to information, and does not replace them.
The most common access regimes you will need to be aware of are:
Information falling within these existing access regimes are subject to their own access provisions.
Both the Environmental Information Regulations and the Data Protection Act implement separate EU Directives. You must ensure that when you consider requests for information relating to environmental information or personal data you refer to the correct information regime and supporting guidance on how to respond to these information requests.
EIRs provide an information access regime which allows people to request environmental information from public authorities and those bodies carrying out a public function.
EIRs give access rights to any person, anywhere in the world, for information relating to the environment. This could include information on departmental health and safety policies, public buildings and any emissions from publicly owned buildings.
At present environmental information is already available under the 1992 EIRs for which the Department for the Environment, Food and Rural Affairs (DEFRA) are responsible.
The DPA regulates the processing (including disclosure) of individuals personal data. The DPA requires those who process personal data to comply with 8 principles of good information-handling practice, known as 'the data protection principles'. These principles include the requirement that personal data is processed fairly and lawfully.
The DPA also includes a right of access for individuals to their personal data (subject to the exemptions in the DPA)
The Freedom of Information: Guidance on Processing Requests considers the practicalities of dealing with requests for information whose disclosure is governed by EIRs and/or the DPA. It also explains where further guidance, specific to those regimes, may be obtained.