Can a request be refused?

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].  

The Environmental Information Regulations state exceptions that allow the Policing Board to refuse to provide requested information. Some of the exceptions relate to categories of information, for example, unfinished documents and internal communications. Others are based on the harm that would arise from disclosure, for example, if releasing the information would adversely affect international relations or intellectual property rights. There is also an exception for personal data if providing it would be contrary to the Data Protection Act.

Under the Regulations, most exceptions are subject to the public interest test. This is an extra stage in the process of deciding what information to provide, which requires the Policing Board to balance the public interest arguments for disclosing the information against those for upholding the exception. This means that even if disclosing information would harm, for example, international relations, the Policing Board must still release the information if the public interest arguments for disclosing it are stronger. The public interest is not necessarily the same as what the public finds interesting.

If we are refusing all or part of a request, we must send you a written refusal notice.