Guide · Information Rights

Why use SAR and FOI?

Choose the right information-rights route: SAR for your personal data, FOI for recorded information held by public authorities, and EIR for environmental information.

Start with what information you are trying to obtain.

A subject access request is about your own personal information. Freedom of Information is about recorded information held by public authorities, whether or not it is about you. Environmental Information Regulations provide a separate access regime for environmental information.

Do not use the wrong law just because one deadline sounds better.

The right route depends on the information and body involved. A public authority can hold both your personal data and wider public information, so a single dispute can sometimes involve SAR and FOI/EIR requests for different material.

Use the request as an evidence tool, not a fishing label.

Define what you need, why it is likely to exist, which system or function may hold it, and the relevant time period. A focused request is easier to track and easier to challenge if the response is incomplete.

Access rights are evidence tools, not substitutes for appeals or complaints.

A request can uncover evidence, but it does not normally pause a complaint, tribunal, court or statutory appeal deadline. If a decision must be challenged within a short period, protect that route while the information request runs.

A combined strategy can be stronger than one huge request.

If you are challenging a public-body decision, a SAR can obtain the personal case record while FOI/EIR obtains the policy, guidance, templates, statistics or non-personal decision framework. Keep the requests separate enough that each legal regime can be handled cleanly.

Example.

For a council decision about you: SAR: “personal data, case notes, emails and audit records concerning my case”; FOI: “the policy and staff guidance in force on the decision date”. This is usually clearer than asking for “everything about the matter”.

Use FOI/EIR to understand rules, systems and public decision-making.

FOI can reveal policies, contracts, statistics, correspondence, reports and other recorded official information. EIR can be especially useful for planning, waste, pollution, water, land, environmental health and infrastructure issues. You normally do not need to justify why you want public information, and the authority should classify the request under the correct regime even if you used the wrong label.

Use a SAR when the record is personal to you, not merely because you are involved.

A SAR can reach personal data in emails, account notes, call recordings, internal comments, logs and documents, subject to exemptions and third-party considerations. It does not automatically entitle you to every full document containing your name; the legal right is to your personal data plus the supplementary information required by the UK GDPR.

SAR, FOI and EIR answer different questions.

Choose the right access right by asking whose information you want and what kind of record it is. A subject access request is about your personal data. FOI is about recorded information held by public authorities. EIR is the specialist access regime for environmental information. The same organisation can receive all three, but the legal tests, exceptions and deadlines are not identical.

What you wantBest starting route
Emails or case notes about youSAR
A council’s policy or statisticsFOI
Air quality, contamination, emissions, land or environmental measuresEIR
Your own personal data inside a public authority reportSAR for your personal data; FOI/EIR may apply to the wider non-personal record
Why a decision was madeAsk for existing records under FOI/EIR or your personal data under SAR; none of these rights forces creation of a new explanation