Public Access to Information

• EC Directive 2003/4/EC on public access to information

EC Directive 2003/4/EC transposes the first pillar of the Aahrus convention; access to information, into EU legislation requiring all public authorities to provide members of the public with access to and to disseminate the information they hold including environmental data. The information must be provided to any natural or legal person at their request, without them having to prove an interest and at the latest within two months for the request being made.

• Environmental Information Regulations 2004 (SI 2004/3391)

The Environmental Information Regulations 2004 (EIR) serve to implement EC Directive 2003/4/EC in the UK. The Regulations give a statutory right of access to environmental information held by public authorities and organisations with public authority responsibilities.

• Environmental Information (Scotland) Regulations 2004 (SSI 2004/520)

The Environmental Information (Scotland) Regulations 2005 serves to implement EC Directive 2003/4/EC in Scotland and to establish an access regime allowing the public to request information from Scottish public authorities.

The EIR 2004 form part of a freedom of information suite of legislation and the Freedom of Information Act, together with the Environmental Information Regulations and the Data Protection Act, are now part of the same whole.

The Environmental Information Regulations providing access to environmental information, the Data Protection Act providing access to personal information of which the applicant is the subject and the Freedom of Information Act enabling access to all other information.

• Inspire Regulations 2009
• Inspire (Scotland) Regulations 2009

These Regulations transpose the INSPIRE Directive [2007/2/EC] in the UK. The detail of the Directive will be included in proposed implementing rules [EC Regulations] that may in future require further legislation for implementation. The Inspire Regulations bring in requirements and standards for a consistent approach for spatial (GIS) data (see Snippets).

• UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aahrus Convention)

The Aahrus convention ratified on the 30th October 2001 establishes a number of rights of the public (citizens and their associations) with regard to the environment.

• EC Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment

Implementing the second pillar of the Aahrus Convention this Directive has wide ranging implications for existing legislation on public participation.

• Data Protection Act 1998

The Data Protection Act (DPA) 1998 seeks to strike a balance between the rights of individuals and the sometimes competing interests of those with legitimate reasons for using personal information. The DPA gives individuals certain rights regarding information held about them. It places obligations on those who process information (data controllers) while giving rights to those who are the subject of that data (data subjects).

• Freedom of Information (FOI) Act 2000

The Freedom of Information Act 2000 gives the public a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector.

• The Freedom of Information (Scotland) Act 2002

The 2002 Act provides similar provision to the 2000 Act however in Scotland Central Government Departments are regulated under the UK Act however the Scottish Executive and its Agencies are regulated under the Scottish Act. Departments with jurisdiction in England and Wales are regulated under the UK Act.

• The Freedom of Information (Time for Compliance with Request) Regulations 2010.

Under certain circumstances these regulations allow the response time to a request for information to be extended from 20 to 60 days.

• Guidance to the Environmental Information Regulations 2004 published by DEFRA
• Access to Environmental Information Guidance for Scottish Public Authorities and Interested Parties published by the Scottish Executive
• Further guidance on all aspects of access to information is available at the Information Commissioners Office Link to ICO website

Although the EIRs primarily apply to the public sector there are also incidences where the private sector can be affected. Any information provided to regulators or consultees governed by the regulations could be passed on to the public if requested. The definition of environmental information is very broad and covers information which relates to air, water, land, natural sites, flora and fauna (including crops, genetically modified organisams, livestock and biodiversity), built environment, and health.

There is no absolute requirement for public authorities to notify where they are considering releasing information. Where information may be sensitive the authority should consult the originator of the information however the final decision rests with the public authority.

The FOI Act sets out an exemption from the right to request information passed to the public authority in confidence, however this cannot be applied to information generated by the public authority themselves e.g. any internal records. Additionally information marked 'confidential' or containing confidentiallity clauses e.g. in contracts will no longer be sufficient.

The EIR create a strong presumption in favour of openness, however a public authority can refuse to disclose environmental information where:

• an exception to disclosure applies;
• the public interest in maintaining exception outweighs the public interest in disclosing information;
• they do not hold the information when the applicant's request if received;
• the request for information is completely unreasonable;
• the request for information is too general;
• the request relates to material which is unfinished or in the course of being completed; and
• the request involves the disclosure of internal communications.

A public authority can also refuse to disclose environmental information if the disclosure would adversely affect:

• international relations, defence, national security or public safety;
• the course of justice;
• intellectual property rights;
• the confidentiality of the proceedings of any public authority; and
• the protection of the environment.

None at present