Environmental Information Regulations: Introduction
What are the Environmental Information Regulations?
Requests for information may be made under the Environmental Information Regulations 2004 (EIR). The EIR cover such topics as air, water, soil, land, flora, fauna, biodiversity; they cover emissions and discharges issues such as noise, energy, radiation, waste; they cover human health and safety e.g. contamination of the food chain; they cover cultural sites and built structures where the environment is concerned.
Requests for Information under the Environmental Information Regulations
Requests for information under the EIR should be dealt with in a similar way to those received under the Freedom of Information Act 2000. The differences are:
The request does not have to be in writing.
We have 40 working days to respond to large and complex requests, although we should generally attempt to respond within 20 working days. More time is not allowed for considering the public interest.
It is irrelevant whether we actually produced the information requested, as long as we hold it.
We cannot refuse to comply with a request on grounds of cost, although we can charge, using the same regime as for the FOIA. There will be no charge for viewing of information.
There are no absolute exemptions under the EIR. In other words, if we feel that an exemption (or exception) may apply, we have to apply the Public Interest Test - for more information refer to the introductory web page.
In fact, refusal to answer a request is only permissible on limited grounds, as follows.
Exceptions
We may refuse to answer a request for the following reasons:
Personal Information
Rights of access to the applicant’s own personal data are provided under the Data Protection Act 1998 (DPA). Disclosure of third party data will only be made if this does not involve a breach of the DPA.
Information Not Held
We cannot provide information that we do not hold.
Request is Manifestly Unreasonable
The request for information is manifestly unreasonable, e.g. it may be vexatious, or it may be for large amounts of information that would disrupt everyday work.
Request is too General
The request is too general. However we must provide advice and assistance where possible.
Incomplete or Unfinished Data
The data requested is unfinished (although the public interest test must be applied). And we must inform the applicant when we expect the data to be finished.
Disclosure of Internal Communications
The disclosure of internal communications is involved. This means that the request may be for information which may not yet represent the settled view of [us] the authority. Again the public interest test must be applied.
Exceptions Applying under the Adverse Effect Test
We may refuse to answer a request for the following reasons, but we must also decide (as well as applying the Public Interest Test) whether disclosure might result in an Adverse Effect. This test of harm is stronger than that in the Freedom of Information Act 2000, in which some exemptions apply if the information “would, or would be likely to, prejudice…” So we must be certain that harm would be the effect of release.
International Relations, National Defence, Security and Public Safety
International relations refers to relationships between the UK and other governments or international bodies. Defence refers to the defence of the UK. Security refers to the UK forces. Public safety refers to the protection of the public, public buildings, industrial sites etc. This is the only exception to which the duty to confirm or deny does not apply.
The Course of Justice
The ability of a person to obtain a fair trial, or an authority to conduct an inquiry of a criminal or disciplinary nature.
Intellectual Property Rights
This relates to information belonging to the authority in terms of patents, trademarks, designs, and unregistered rights.
Confidentiality of Proceedings
Includes investigative, regulatory and other activities carried out according to a statutory scheme. This exception does not apply to information about emissions.
Confidentiality of Commercial or Industrial Information
Includes commercially sensitive information such as trade secrets, information from contractors, information as part of a tendering or procurement process, information held by regulators. This exception does not apply to information about emissions.
Interests of Supplier of Information
Where the supplier of the information has not consented to disclosure. This exception does not apply to information about emissions.
Protection of the Environment
Disclosure would lead to damage to the environment. This exception does not apply to information about emissions.
To make a request under the EIR please contact:
Freedom of Information Officer
University of Greenwich
Queen Anne Court
Old Royal Naval College
London SE10 9LSTel: 020 8331 8847
Email: compliance@greenwich.ac.uk