What is the public interest test and how can I apply it?

If an exception applies, you may choose to refuse the request and withhold the information. However, all the exceptions other than those for personal data are subject to the public interest test. This means that you must explain to the applicant why, in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information. There is also a general presumption in favour of disclosure. This means the Regulations presume that you will always aim to disclose information where you can, rather than withhold it.

Read our guidance on how exceptions and the public interest test work in the Environmental Information Regulations

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