What grounds are there for refusing a request?
The presumption is that environmental information must be released, unless there are compelling and substantive reasons to withhold it. The Regulations list the conditions under which a body can refuse information. Those judging whether to release or withhold information should interpret the exceptions narrowly. They should avoid the possibility of legal proceedings (e.g. for breach of confidence or failure to supply); if in doubt, they should seek legal advice. A request for information can be refused (or information redacted) 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 (as with all EIR exceptions, the public interest test must be applied) Information may also be withheld or redacted in
