Responsibilities for public authorities
Proactive dissemination
- Public authorities must make their environmental information available more and more through electronic means.
- Public authorities must also organise their environmental information with a view to its systematic dissemination to the public.
- There are minimum criteria on what public authorities are expected to disseminate proactively. These are detailed in Article 7 (2) of the European Directive (2003/4/EC).
- Public authorities that are also subject to the Freedom of Information Act may wish to use their publication scheme as a way of complying in part with their responsibilities to disseminate their environmental information proactively.
Public authorities must publish a scale of charges (if any), so that applicants can predict the likely cost of their request.
The public interest test
If an exception applies (see below), a public authority may choose to refuse the request and withhold the information. However, all the exceptions in Regulation 12 are subject to the public interest test. This means that the authority must explain to the applicant why, in all the circumstances of the case, the public interest test in maintaining the exception outweighs the public interest in disclosing the information. There is a general presumption in favour of disclosure.
Exceptions
These include denying disclosure because:
- the information is not held by the authority, or the authority cannot ascertain the nature of the request
- the request is 'manifestly unreasonable'
- the information is 'unfinished or in the course of being completed'
Certain exceptions require proof of the harm that would be caused by release of the information. Information can, for example, be withheld if release would adversely affect:
- defence, international relations, national security, and public safety;
- the course of justice, or the confidentiality of proceedings;
- 'intellectual property rights';
- 'interests of the supplier of the information', where supply was voluntary;
- commercial confidentiality; or
- the protection of the environment.
In addition:
- Information about to the applicant (personal information) will be dealt with under the Data Protection Act 1998. Personal information of a third party may be exempt if release would breach the Data Protection Principles; and
- Only a limited number of exceptions can be claimed when the information requested relates to emissions.
ICO's enforcement powers
The ICO is tasked with enforcing the Environmental Information Regulations. The enforcement provisions of the Environmental Information Regulations are taken directly from the Freedom of Information Act 2000. The ICO has no power to intervene in any residual, ongoing disputes begun under the 1992 Regulations.