1. Professor Colin Reid, Dr Jonathan Mendel, Dr Sean Whittaker
One of the UK’s top 30 universities (The Times/Sunday Times Good University Guide 2019)
Uncovering the Environment: The Use of Public Access to Environmental Information
Professor Colin Reid, Dr Jonathan Mendel, Dr Sean Whittaker
December 2018

2. History Information Technology Revolution Directive 90/313/EEC
Official Secrets Acts
Directive 90/313/EEC
Public registers
1992 Regs
The Aarhus Convention (1998)
Freedom of Information (Scotland) Act 2002
Directive 2003/4/EC
2004 Regs
Brexit
Information Technology Revolution

3. Law and Status Aarhus Convention Directive 2003/4/EC
UK bound by this in international law
Aarhus Convention Compliance Committee
Directive 2003/4/EC
Gives more detailed implementation to Aarhus obligations; scope of laws, procedures and exceptions
Requires Member States to have laws that match this
Environmental Information (Scotland) Regulations 2004
Implements Directive 2003/4/EC
Take priority over general rules on freedom of information if case involves environmental information

4. Differences between EIRs and FOISA
Environmental Information (Scotland) Regulations 2004
Only covers environmental information
Public authorities must actively and systemically disseminate updated environmental information
A request can be verbal or written
The EIRs contain environmental-specific exceptions and a strict public interest test
No upper or lower cost limits in charging fees
Freedom of Information (Scotland) Act 2002
Covers all information except environmental information
Public authorities must only adopt and maintain a publication scheme
Requests must be in writing only
The public interest test only applies to some exceptions under FOI(S)A
£100 lower limit and £600 upper limit on charging fees

5. Definition of Environmental Information
Environmental information is defined as information on
The state of the environment
Factors affecting or likely to affect the state of the environment
Measures affecting or likely to affect the elements or factors previously mentioned and any cost-benefit or economic analyses and assumptions used
Reports on the implementation of environmental legislation
The state of human health and safety, as far as they may be affected by the elements of the environment or through factors or measures which affect the elements of the environment
Examples of environmental information include
Levels of chlorine in a public swimming pool.
Contracts relating to environmental remediation of a disused quarry
Information about the state of the pavement on a public footpath

6. Definition of Environmental Information
Distinguishing “environmental” information from “non-environmental” information
Disposal of land containing a memorial to IRA members who died during the 1981 Hunger Strike
A list of potential sites for the development of large prisons
“[I]nformation will not necessarily be environmental simply because it had a slight or tangential association with the state of the elements of the environment.” – Decision 012/2012: Mr Tommy Kane and Scottish Water
Material held by public authorities may contain both “environmental” information and “non-environmental” information
Information Commissioner v. Department for Transport & Hastings [2018] UKUT 184 (AAC)
Do the component elements of the material add up to “environmental” information?

7. (Very) Preliminary Findings
Importance of proactively disclosed environmental information
Expectations not based on awareness of legal rights
Motivations on those requesting environmental information tend to be personal
Many requesters seek information on planning matters
Scottish public authorities are generally committed to responding to requests under the EIRs
Success rate of requests
Refusals mostly relate to personal data
Fees and fee schedules

8. Your thoughts and experiences
How would you describe your experience with the EIRs? What environmental information are people seeking access to? Who is asking for access to this environmental information? For what purposes is this environmental information being used? How has the proactive disclosure of environmental information impacted on how you engage with the right of access to environmental information? What has been your experience with internal reviews following a request for environmental information?

9. https://sites.dundee.ac.uk/envinfo