The Exceptions
There is a presumption under the Regulations that environmental information must be released, unless there are strong public interest considerations to justify withholding it [outweighing the public interest in release]. Regulation 12 of the Regulations lays down the exceptions under which a public authority can withhold information.
A request for information can be refused if:
- The information is not held
- The request is manifestly unreasonable
- The request is too general
- The request is for unfinished documents/data
- The request is for internal communications
Public authorities can refuse to release information in order to protect:
- The confidentiality of proceedings
- International relations/public security/defence
- The course of justice and right to a fair trial
- Commercial confidentiality
- Intellectual property rights
- Personal/voluntary data
- Environmental protection
If information relates to emissions, the authority cannot refuse information on the grounds of confidentiality of proceedings, commercial confidentiality, personal/voluntary data or environmental protection.
The Public Interest Test
All information under the EIRs is subject to the public interest test.
The public interest test ensures that authorities consider whether it serves the interests of the public to disclose or withhold the information.