Restricted environmental information
This page explains the occasions when the Council is unable to release information about the environment.
The Council starts with the presumption that environmental information should be released unless there are compelling and substantive reasons to withhold it. Generally this information does not apply to personal data as defined by the Data Protection Act.This section explains some of the general reasons why requests to view or supply information are refused.
General grounds for refusing access
There are some general grounds for refusing access, these include
When a request relates to environmental information that is not held when the application is received
When a request is manifestly unreasonable
Manifestly unreasonable requests include requests for information that place a substantial and unreasonable burden on our resources.
Examples of this include when the amount of information sought is excessive, when extensive scans of historic files prove necessary, or when significant processing of information is necessary before it can be released.
When a request is formulated in too general a manner
When a request for information is formulated in too general a manner to permit information to be identified and supplied. This will be explained to the applicant.
It is then open to the applicant to reformulate the request in such a way that the required information can be isolated and supplied.
In addition to the above grounds, there are various circumstances where information cannot be released under the environmental information regulations.
These circumstances include where documents:
- relate to legal or other proceedings - normal rules of disclosure apply
- relate to confidential deliberations or internal communications
- are unfinished
- are in commercial confidence
- are subject to copyright
- the release would not protect the environment, for example, nesting sites of endangered bird species.
Information held by a body in consequence of having been supplied by a person who was not under, and could not have been put under, any legal obligation to supply it to the body must be withheld unless the person has consented to its disclosure or there are overriding powers of release.
Such information should, therefore, not be made available, except where it is clearly understood that this will be done as in many consultation exercises by government departments or the information is freely available from another source.
Unless exempted under another Regulation, volunteered information is not exempted from disclosure if it falls within a category of information that a body could have required to be made available under statute.
The reason to refuse the information can be above can be overturned and the information released if, in all circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information.
Last updated : 01/06/2009
