Exceptions in a nutshell
The Environmental Information Regulations give the general public a right to environmental information held by a public authority.
There is a presumption under the regulations that environmental information must be released, unless there are reasons to withhold it.
Regulation 12 lists the exceptions under which a public authority can refuse to disclose information. All the exceptions are subject to a public interest test. Those weighing the public interest of whether to release or withhold information should interpret the exceptions very carefully, seeking legal advice where appropriate.
A request for information can be refused (or part of the information withheld) if:
- Information is not held (then there is a duty to refer the request on)
- The request is manifestly unreasonable
- The request is too general (after fulfilling duty to advise and assist)
- The request is for unfinished documents or data (in which case estimated time for completion must be given)
- The request is for internal communications
A public authority may also refuse to disclose information or withhold part of it in order to protect the following:
- Confidentiality of proceedings
- International relations / public security / defence
- The course of justice and right to fair trial
- Commercial confidentiality
- Intellectual property rights
- Personal / voluntary data
- Environmental protection
If information relates to emissions, a public authority cannot refuse to disclose it on grounds of confidentiality of proceedings, commercial confidentiality, personal/ voluntary data or environmental protection.
A fuller explanation may be found in Chapter 7 ("Exceptions") of the more detailed guidance:
- Chapter 7: Exceptions
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Page last modified: 9 October 2007
Page published: 21
September 2005