FOI vs EIR: Data Requests in Glasgow

Technology and Data Scotland 4 Minutes Read ยท published February 11, 2026 Flag of Scotland

Introduction

In Glasgow, Scotland, individuals and organisations can request recorded information from public authorities either under the Freedom of Information framework for Scotland or under environmental information rules. Choosing between FOI and EIR affects response times, exceptions and review routes. This guide explains which regime applies in Glasgow, how to make a request, key deadlines, enforcement routes and practical steps for residents and businesses.

When to use FOI or EIR

Use FOI when you want recorded information held by a Scottish public authority that is not specifically environmental information. Use EIR when the request concerns environmental information such as air, water, land, noise, waste, emissions, or policies and decisions that affect the environment. If a request could fall under either regime, public authorities must treat it under the regime that gives the requester the greater right of access.

Glasgow City Council FOI and information rights guidance[1] explains how the council accepts and handles requests and how to request published records.

For statutory definitions and duties, consult the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Freedom of Information (Scotland) Act 2002[2] and The Environmental Information (Scotland) Regulations 2004[3].

If in doubt, describe the information requested and cite both regimes when you submit the request.

How requests are processed

  • The standard FOI response period is 20 working days from receipt of the request; see the cited legislation for details.
  • Under EIR, authorities also generally respond within 20 working days; where exceptions apply, different timeframes for internal review or advice-and-assistance may apply.
  • Requests should be clear and include name, contact details, and a reasonable description of the information sought.
  • Authorities may ask for clarification or reasonable fees where permitted; fees or charges are set out in the authority's guidance or the legislation cited.

Penalties & Enforcement

Enforcement in Scotland is carried out by the Scottish Information Commissioner and, where relevant, by the courts under the controlling legislation. The council must follow statutory response times and publication duties; failure to comply can lead to regulatory action by the Commissioner.

  • Monetary fines: not specified on the cited page for Glasgow City Council; enforcement remedies are described by the Scottish Information Commissioner and the Acts cited above.[2]
  • Escalation: enforcement notices and orders by the Commissioner; specific graduated fine amounts or per-day fines are not specified on the cited council pages.
  • Non-monetary sanctions: enforcement notices, statutory orders to disclose, and referral to the courts where authorities fail to comply.
  • Enforcer and complaints: Scottish Information Commissioner handles compliance and reviews; Glasgow City Council's information rights team handles internal reviews and initial complaints. See the council information rights page for contact details.[1]
  • Appeals and reviews: if unhappy with a council decision, request an internal review first (time limits set by the council); after internal review, complain to the Scottish Information Commissioner. Specific time limits for internal review on the council page or fees for review are not specified on the cited page.
  • Defences and discretion: public authorities may refuse requests where exemptions or exceptions apply (for example, personal data or commercially sensitive information); statutory tests and public interest balancing apply as set out in the Acts cited.[2]
If you receive a refusal, ask for the reason in writing and the internal review instructions immediately.

Applications & Forms

Glasgow City Council does not require a specific form for FOI or EIR requests; you may submit a clear written request by post, email or the council's online channels as set out on the council guidance page.[1] Where a local application form exists for environmental data or permit records, it will be published on the relevant council service page.

Common violations

  • Missed response deadlines - may lead to complaint to the Commissioner.
  • Unjustified withholding of records or excessive redaction - risk of enforcement notice.
  • Incorrect charging where fees are not permitted under EIR - may be overturned on review.
Keep copies of all correspondence and note dates you sent and received replies.

Action steps

  • Draft a clear written request stating whether the information is environmental or general.
  • Note the date of submission and allow 20 working days for a response.
  • If refused, request an internal review through the council's information rights contact.
  • If still unsatisfied, complain to the Scottish Information Commissioner with copies of your request and the council's responses.

FAQ

Which law applies to my request?
The Environmental Information Regulations apply to information on the environment; FOI applies to other recorded information held by public authorities. If unclear, the authority should apply the regime giving greater access.
How long will a council take to respond?
Typically 20 working days for both FOI and EIR requests, subject to permissible extensions or exceptions under the regulations.
Are there fees?
FOI fees or charges may apply under the council's scheme; EIR permits limited charging for reproduction and transmission but not for the cost of deciding whether to disclose. Check the council guidance for specifics.

How-To

  1. Identify whether the information is environmental (air, water, land, emissions, waste, policies affecting environment) or general recorded information.
  2. Prepare a clear written request with your name, contact details and a precise description of the records you want.
  3. Send the request to Glasgow City Council using the contact routes on their information rights page.[1]
  4. Allow 20 working days for a reply and follow up if you do not receive acknowledgment.
  5. If refused or dissatisfied, ask for an internal review, then escalate to the Scottish Information Commissioner if necessary.

Key Takeaways

  • Use EIR for environmental matters and FOI for other public records.
  • Expect a 20 working day response time; keep records of your submission dates.
  • If refused, follow the council's internal review process then contact the Scottish Information Commissioner.

Help and Support / Resources

  1. [1] Glasgow City Council - FOI and information rights
  2. [2] Freedom of Information (Scotland) Act 2002 - legislation.gov.uk
  3. [3] The Environmental Information (Scotland) Regulations 2004 - legislation.gov.uk

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