You can only refuse a request if one of the exceptions applies. For exceptions other than those relating to personal data, you must carry out a public interest test.
The exceptions include refusing disclosure because:
- you do not hold the information;
- the request is manifestly unreasonable;
- it is not clear what information is being requested;
- the information is unfinished or in the course of completion; or
- the request involves the disclosure of internal communications.
Other exceptions require proof of the harm that would result if the information was released. Information can, for example, be withheld if release would adversely affect:
- international relations, defence, national security or public safety;
- the course of justice;
- intellectual property rights (trade marks, copyright etc);
- the confidentiality of proceedings;
- commercial confidentiality;
- the interests of the supplier of the information, where supply was voluntary; or
- the protection of the environment.
If the requested information includes personal data about the applicant themselves, you should be deal with it under the Data Protection Act 1998. In addition, personal information about a third party may be exempt if release would breach the data protection principles.
Certain exceptions cannot be used at all if the information requested relates to emissions.
For further advice on the exceptions read a brief introduction to the exceptions.
For advice on what ‘adversely affect’ means in the context of the Environmental Information Regulations, read our guidance on prejudice and adversely affect.