The Scottish Information Commissioner - It's Public Knowledge
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Differences between EIRs and FOISA

Although the intention of both pieces of legislation is to allow the public access to information there are some differences between the two:

  • Requests for information can be made orally under EIRs. 
  • The 20 day time period for responding to requests can be extended to 40 days where the request is complex and voluminous and would involve a considerable amount of work.
  • Provision for charging of fees is different – there is no upper or lower threshold and authorities can recover, in full, the cost of supplying the information.
  • EIRs have exceptions rather than exemptions and all of these are subject to the public interest test.
  • Information relating to emissions has special status and will have to be supplied in most cases.
     

 

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