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The Public Interest Test
Many of the exemptions to the right of access to information in FOIA are qualified. This means that even if the information falls within the exemption, the authority must still release the information unless the public interest in withholding the information outweighs the public interest in disclosing it.
An important thing to note about this test is that it has a presumption in favour of disclosure. The burden is on the public authority to show that the public interest in withholding the information is greater then the public interest in disclosure.
There is a general public interest in openness and accountability, and that public bodies in a democratic society should be transparent in their work and in the information they hold. The fact that parliament enacted FOIA is proof of the fact that parliament considers that there is a general public interest in providing access to information held by public bodies.
In addition, there may be factors that make the public interest in disclosing the particular information requested, for example:
* The information relates to an issue that affects a large number of people;
* it sheds light on how public funds are being spent;
* it deals with a matter that is a subject of public controversy;
* disclosure would help individuals to make more informed choices on important matters.
In contrast, there is no general public interest in withholding information. However, there may be a particular public interest in maintaining an exemption, where for example, disclosure would damage the reputation of the United Kingdom, or damage the trust that companies have in public authorities respecting confidentiality.
Environmental Information
Access to environmental information is exempt from FOIA, and governed by the Environmental Information Regulations (EIR)(see Accessing Environmental Information).
The public interest in accessing environmental information is particularly strong. This is reflected in the Aarhus Convention, of which the UK is a party, and which gave rise to the EIR.
The central principle of the Aarhus Convention is that individuals should be entitled to contribute to promoting everyone’s right to a healthy environment. To be able to do that, individuals must have a) access to environmental information on the environment b) participation in the making of decisions which relate to the environment, and c) access to justice to challenge bad environmental decisions. This will enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns. Ultimately, this leads to better decisions and an improved environment.
So access to information on the environment is the first ‘pillar’ of the Aarhus Convnetion, on which the other two depend. Individuals who do not have the necessary information about the impacts of particular decisions on the environment are not able to meaningfully participate in the decision making process, nor will they be able to hold decision makers to account, and challenge decision that may be harmful to the environment. In that way, if a public authority denies access to environmental information, they may be preventing individuals from contributing to promoting everyone’s right to a healthy environment.
An important thing to note about this test is that it has a presumption in favour of disclosure. The burden is on the public authority to show that the public interest in withholding the information is greater then the public interest in disclosure.
There is a general public interest in openness and accountability, and that public bodies in a democratic society should be transparent in their work and in the information they hold. The fact that parliament enacted FOIA is proof of the fact that parliament considers that there is a general public interest in providing access to information held by public bodies.
In addition, there may be factors that make the public interest in disclosing the particular information requested, for example:
* The information relates to an issue that affects a large number of people;
* it sheds light on how public funds are being spent;
* it deals with a matter that is a subject of public controversy;
* disclosure would help individuals to make more informed choices on important matters.
In contrast, there is no general public interest in withholding information. However, there may be a particular public interest in maintaining an exemption, where for example, disclosure would damage the reputation of the United Kingdom, or damage the trust that companies have in public authorities respecting confidentiality.
Environmental Information
Access to environmental information is exempt from FOIA, and governed by the Environmental Information Regulations (EIR)(see Accessing Environmental Information).
The public interest in accessing environmental information is particularly strong. This is reflected in the Aarhus Convention, of which the UK is a party, and which gave rise to the EIR.
The central principle of the Aarhus Convention is that individuals should be entitled to contribute to promoting everyone’s right to a healthy environment. To be able to do that, individuals must have a) access to environmental information on the environment b) participation in the making of decisions which relate to the environment, and c) access to justice to challenge bad environmental decisions. This will enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns. Ultimately, this leads to better decisions and an improved environment.
So access to information on the environment is the first ‘pillar’ of the Aarhus Convnetion, on which the other two depend. Individuals who do not have the necessary information about the impacts of particular decisions on the environment are not able to meaningfully participate in the decision making process, nor will they be able to hold decision makers to account, and challenge decision that may be harmful to the environment. In that way, if a public authority denies access to environmental information, they may be preventing individuals from contributing to promoting everyone’s right to a healthy environment.
