When I asked the BBC for the names of what they described as ‘the best scientific experts’ who attended their 2006 seminar on climate change (here), I made the request under both the Freedom of Information Act and the Environmental Information Regulations. Although these two pieces of legislation are similar in intent, to promote transparency in public life, there are some subtle differences in the ways that they apply;
FOI Act: Refers to information held by a wide range of government agencies and other organisations that are publicly funded. These are identified in schedules to the act and include both the BBC and universities. There are common sense exceptions that allow certain information not to be divulged; national security, the police, courts of law and some kinds of personal data among others. There is also a clause that overrides some of the exceptions if releasing the information is considered to be in the public interest.
In the case of the BBC and ITN, these bodies are only subject to the FOI Act where information is not held for the purposes other than ‘journalism, art or literature’. Providing a degree of confidentiality to journalists is understandable. Who would speak off the record to a reporter if they thought that what they said might be brought into the public domain as a result of an FOI Act application? On the other hand, the act does not define ‘journalism, art and literature’, a shortcoming that the BBC seems only too willing to exploit.
The FOI Act came into effect in 2000 and is UK legislation, as opposed to EU law.
EIR: The type of information that must be disclosed is obviously more specific here, but the regulations apply not only to all the bodies specified in the FOI Act, but to many that are not. For instance even contractors used by publicly funded bodies are subject to the regulations, as are utility companies and major contractors used by such bodies. There are also fewer exceptions than in the FOI Act.
The EIR is not British legislation, but European Union legislation that the UK has signed up to.
When I applied to the BBC for information about the climate change seminar, I was under the impression that they must be subject to the EIR, as were many others, including the Information Commissioner’s Office (ICO), which oversees compliance with both the FOI Act and the EIR. In a letter to the BBC about my appeal against their decision not to provide me with the information I wanted, dated 28th July 2008, the ICO said: Continue reading »

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