Guidance

Information Requests (FOI and EIR) Procedure

Published 12 April 2024

1.         Purpose

This procedure defines how requests for information must be handled to ensure Great British Nuclear (GBN) complies with the requirements and legal obligations of the Freedom of Information Act 2000 (FOI), and the Environmental Information Regulations 2004 (EIR).

2.         Scope

This procedure applies to Information Requests which are received by GBN.

3.         Roles and Responsibilities

Role	Responsibility
Data Protection Officer	is responsible for overseeing GBN compliance with the EIR and FOI Act.
Legal Department	provide advice on the application of FOI Act and EIR exemptions.
Directors	are responsible for ensuring that their directorates are fully compliant with this procedure.
GBN Employees	are responsible for ensuring requests for information are processed appropriately in line with this procedure. If an employee’s assistance is required to answer a request, they must fully cooperate with the Data Protection Officer within the timescales set.

4.           Terms and Acronyms

Acronym/Term	Meaning
FOI	Freedom of Information Act 2000
EIR	Environmental Information Regulations 2004
Qualified Person	individual designated by government to approve the use of the section 36 exemption of the Freedom of Information Act.

5.           Procedure

5.1.  Receiving and logging an Information Request

5.1.1.    Once an Information has been received the Data Protection Officer will log the request on the Information Request Register.

5.1.2.    The register will be used to track the progress of the subject access request.

5.1.3.    FOI and EIR requests must be answered within 20 working days from receipt, unless clarification on the request has been sought from the person making the request.

5.1.4.    Where clarification on the request has been sought from the person making the request, the clock stops until clarification on the request is provided by the person making the request.

5.2.  Valid FOI Requests

5.2.1.    A valid FOI request must be received in a written format, contain contact information, and adequately describe the information required. If the request does not adequately then we should contact the applicant and ask them to provide us with more information or clarification. While we are waiting for them to respond the 20-day count is paused.

5.2.2.    The key distinctions between and FOI request and everyday business enquiries are:

• They require some investigation to produce an answer.

• The information requested is not in the public domain.

• GBN would be the only source of this information.

• GBN does not currently publish the information requested or intend to do so in the future.

5.3.  Valid EIR request

A valid EIR request can be received both in verbal and in written format, relate specifically to the environment or anything which affects the environment such as emissions and discharges.

5.4.  Acknowledging receipt 

Receipt of all FOI and EIR requests will be acknowledged to the applicant within five days of receipt (unless a response or request for clarification, are sent within this time).

5.5.  Information discovery

5.5.1.    The FOI Act requires GBN to supply “information held” by the organisation. When a request is received, GBN must first discover what relevant information is held. GBN does not have to “generate” information in response to a request e.g. carry out statistical analyses or generate one off reports. However, if the information can be retrieved by running a straight forward database search or by carrying out simple calculations, then this should be undertaken.

5.5.2.    The Data Protection Officer will require members of GBN to assist in searching for information. Some requests may require the retrieval of emails, correspondence or documents stored on your laptop. If a request is made which requires this type of search, GBN employees must comply.

5.5.3.    It is a criminal offence to destroy information once a FOI or EIR request has been made for it.

5.5.4.    If no relevant information is found, GBN will respond to the applicant and inform them that GBN does not hold the requested information. This requires a formal notification by the Data Protection Manager. 

5.6.  Third party consultation

5.6.1.    If the information requested originates from or relates to a third party i.e. non-GBN then that party must be consulted before release.

5.6.2.    They should be contacted and informed that a request has been made and what information it relates to.

5.6.3.    They should be given an opportunity to comment/advise if in their view the information should be released and asked to complete a “redaction form” if they believe information should be withheld.

5.6.4.    Although, the views of a third party will be considered when making a decision re. applying exemptions, GBN reserves the right to apply exemptions at its discretion in accordance with FOI and EIR.

5.7.  Considering exemptions (FOI) and Exceptions (EIR)

The EIR and FOI Act give everyone the right to request information held by public authorities, however they do set out a number of exemptions (FOI) and exceptions (EIR) to this right.

5.8.  Refusing requests 

5.8.1.    Any exemption must be applied in line with section 17 of the FOI Act and any exception must be applied in line with regulation 14 of the EIR within the 20-working day time limit.

5.8.2.    A redaction form should be completed (unless the exemption is a straightforward application of an absolute exemption, e.g., remove name or building number).

5.8.3.    Decisions relating to the application of exemptions and the public interest test will be made collectively by the Data Protection Officer and Legal Department Advisor taking into account advice from the Person who holds/owns the information, unless a Section 36 exemption applies and then the Chief Executive (as GBN’s designated “qualified person”) will make the decision.

5.8.4.    If the exemption (FOI) or exception (EIR) requires a public interest test (see appendix 5.1 and 5.2) this must be done where possible within the 20-day deadline. In the event that this will take longer than 20 working days the requestor should be notified and given a date by which GBN expect to make a decision (in accordance with s.17 (2) of the FOI Act and Reg. 14 of EIR).

5.8.5.    All refusals must be made by the Data Protection Officer by sending an appropriate refusal notice to the requestor. This notice must take into account requirements of the exemptions being applied and s.17 of the FOI Act and regulation 14 of the EIR. The notice should be accompanied by any information which is not exempt.

5.8.6.    Refusal notices will state that request for review should be directed to the Data Protection Officer in the first instance and inform the requestor of their right to appeal to the Information Commissioner’s Office if they are not satisfied with our internal review.

5.9.  Estimating costs

5.9.1.    Whenever possible the GBN will supply information for free. However, GBN reserves the right to charge in line with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (SI 2004 no.3244).

5.9.2.    Section 12 of the FOI Act places no obligation to respond to requests if the charges that would be incurred in supplying the information would exceed the appropriate limit (£450), as set out in SI 2004 no.3244 Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Any decision to refuse on these grounds would be made in line with point 5.10 of this procedure.

5.10. Supplying information

5.10.1. If no fee is to be charged and no exemptions apply the information must be supplied to the requestor.

5.10.2. If the requestor has stated a format preference, GBN is required to comply with this as far as practicably possible. If it is not possible, supply the information in another suitable format and explain to the requestor why it wasn’t possible to comply with their preference.

5.11.Completion

Once the request has been responded to the Information Request Register will be updated.

5.12. Monitoring

Performance will be monitored to ensure that, wherever possible, requests are dealt with within 20 working days from receipt.

6.           References

Reference	Title
GBN-Legal-PRO-001	Information Request (FOI/EIR) process