EIR - Exceptions
A list of reasons why we may refuse to release information under the Environmental Information Regulations (EIRs).
Like the Freedom of Information Act, the Environmental Information Regulations (EIRs) are concerned with openness and transparency. Unlike the Act the presumption is on disclose. There are no equivalents of the absolute exemptions which exist in the Act, however there are themes that cross over between the two regimes. Under the Regulations we must release environmental information unless there are compelling and substantive reasons to withhold it.
If information relates to emissions, the information must be released regardless of any grounds for refusal because of confidentiality of proceedings, commercial confidentiality, personal/ voluntary information or environmental protection.
The following is a list of the EIR exceptions, all of which are subject to the public interest test. The public interest test means that we should only withhold information if the public interest in not disclosing outweighs the public interest in disclosing the information.
Exceptions – environmental
- Regulation 12(4)(a) Information not held – please see ‘Holding information’
- Regulation 12(4)(b): Manifestly unreasonable requests
- Regulation 12(4)(c): Requests formulated in too general a manner
- Regulation 12(4)(d): Material in the course of completion, unfinished documents and incomplete data
- Regulation 12(4)(e): Internal communications
- Regulation 12(5)(a): International relations, defence, national security or public safety
- Regulation 12(5)(b) – The course of justice and inquiries exception
- Regulation 12(5)(c): Intellectual property rights
- Regulation 12(5)(d): Confidentiality of proceedings
- Regulation 12(5)(e): Confidentiality of commercial or industrial information
- Regulation 12(5)(f): Interests of the person who provided the information to the public authority
- Regulation 12(5)(g): Protection of the environment
- Regulation 12(9): Information on emissions
- Regulation 13: personal information
Other useful links:
- Guidance from the Department for Environment, Food and Rural Affairs (Defra) and the Information Commissioner's Office (ICO)
