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Frequently asked questions

What information is available?

"Environmental Information" is widely defined as:

‘any information, whether in written, visual, aural, electronic or any other material form on:

a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);

c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements;

d) reports on the implementation of environmental legislation;

e) costs-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and

f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c).

It can be seen that this is a very wide definition that much information held by the Council will fall into the above categories, from habitat studies through biodiversity action plans down to air quality monitoring on the streets or in offices

How do I make a request for information?

You can make a request in any form, including verbally, but it is advisable to follow up a complex request in writing. Clearly we will be unable to comply with your request if we do not have some method of providing the information requested to you.

The Information Request Form will soon be available and can be used to make both EISR and FOISA requests. On the form, it may be helpful to specify that you wish your request to be treated under the EISRs. These forms are also available from the Point and at Libraries within the City and Information Points throughout the Council.

What happens when you receive my request?

We will answer your request as soon as possible and within 20 working days, unless your request is complex or voluminous, in which case we have 40 working days to provide the information. If we cannot answer your request because it is too general, or we require clarification, we will contact you directly to try to determine exactly what you are looking for.

Will I be able to see all the information?

The EISRs are similar to FOISA in that we will always make as much information available as possible. However, there may be certain circumstances whereby the Council is legally permitted to withhold information from you. If we propose to withhold information, we will tell you why. You have the right to seek a review if you are dissatisfied with the response to your request.

Will I be charged a fee?

Unlike the Fees Regulations issued under FOISA, which specify how we may charge for information, the EISR allow us to charge a reasonable fee for disclosing information. If we plan to charge a fee, we will tell you what the fee will be before we provide the information. We will not charge you to examine the information in one of our offices.

Who will enforce the Act?

Environmental Information (Scotland) Regulations 2004 will be enforced by the Scottish Information Commissioner:

Back to the Freedom of Information home page.