Exceptions
The council may refuse to disclose information where an exception applies and the public interest in maintaining the exception outweighs the public interest in its disclosure. This includes:
- information which is not held when the request is received
- the request is unreasonable
- the request is too general
- information which is unfinished or in the course of being completed
- the request involves the disclosure of internal communications
- disclosure would affect international relations, defence, national security or public safety
- disclosure would affect the course of justice
- intellectual property rights
- confidentiality of proceedings
- commercial or industrial confidentiality
- the interests of the council/supplier of the information
- protection of the environment
- personal information
If the council refuses to disclose all or part of the information requested, it must be stated, in writing, what exception the information falls under and to justify the decision that the exception should be applied. The authority will also inform the applicant that they have a right to appeal the decision, initially to Wyre Council itself then, if they remain dissatisfied, to the Information Commissioner’s Office
Key points
- the definition of environmental information is broad
- any verbal or written request for environmental information is an EIR request
- all requests must be dealt within 20 working days, unless the request is complex/voluminous then it can be extended to 40 working days
- all of the exceptions are subject to the public interest