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The differences between EIRs and FOI
Some of the differences between the Environmental Information Regulations (EIRs) and the Freedom of Information Act (FOIA) are the following.
- The EIRs only cover environmental information. FOIA covers all information held by public authorities except environmental information.
- EIRs allow an extension of no more than a further 20 working days if the request is both complex and voluminous. FOIA allows public authorities further time to consider the public interest.
- EIRs requests can be in any format. FOIA requests must be in writing.
- EIRs allows authorities to make a charge for information providing it is reasonable. FOIA has a charge limit below which information is provided free of charge.
- EIRs have a different, and generally narrower, range of exceptions than the exemptions in the FOIA. There is however a particular exception in the EIRs for information whose disclosure could adversely affect the environment.
