Environmental Information

If you want information about the environment, your request will be dealt with under separate environmental information rules called the Environmental Information (Scotland) Regulations.

Q.  Are the rights provided by the Environmental Information (Scotland) Regulations the same as the rights provided under the Freedom of Information (Scotland) Act?

A.  Whilst there are similarities between the rights provided by both these regulations, there are important differences that you should be aware of.  These are explained in the information below.

Q.  What is "environmental information"?

A.  Environmental information covers a broad range of topics, such as:

• the environment itself, including air, water, earth and the habitats of animals and plants
• things that affect the environment, such as emissions, radiation, noise, and other forms of pollution 
• policies, plans and laws on the environment
  

Q. What are some examples of environmental information?

A. Examples include:

• levels of chlorine in swimming pools  
• water- quality and air-quality test reports
• genetically modified crops
• air-conditioning systems in public buildings

Q.  Which organisations can I ask?

A.  You can ask all the Scottish public authorities covered by the Freedom of Information (Scotland) Act.

You can also ask any person or body that provides public environmental services and that is controlled by one of the Scottish public authorities covered by the Freedom of Information (Scotland) Act any other person or body providing public services in Scotland.

You may also be able to get information from private organisations, companies or public-private partnerships providing services such as waste disposal, water, energy and transport.

Q.  How do I ask for environmental information?

A.  You do not need to make a written request for environmental information.

You can make your request by:

• phoning the organisation that has the information
• visiting the organisation and asking a member of staff for what you need
• sending your request by e-mail, letter or any other recorded format if you prefer.
  

Q.  What if my request is for both general and environmental information?

A.  If you want to ask for both general and environmental information you should make your request in writing. The organisation receiving your request will decide whether it should be dealt with under the environmental information rules or the Freedom of Information (Scotland) Act.

Q.  What happens after I've made a request?

A.  The organisation should reply to your request for information as soon as possible but in most cases must do so within 20 working days.

Q.  Will I ever have to wait more than 20 working days?

A.  If you have made a complex request for information involving large amounts of material, the organisation is allowed up to 40 working days to reply. If it will take longer than 20 working days to provide the information, the organisation should let you know within 20 working days of receiving your request.

Q.  What kind of reply can I expect?

A.  After 20 working days, you will normally have received one of the following:

• All the information you asked for.
• A written notice that the organisation requires you to pay a fee for the information before it makes the information available to you.
• A refusal
• No response, which you should treat as a refusal
• Some of the information - see below to find out about environmental information you may not be able to see.
  

Q.  Why may my request for environmental information be refused?

A.  Your request for information may be refused in the following cases:

• The information is excepted from your general right to access information under the Environmental Information (Scotland) Regulations.
• The organisation does not have the information you asked for.
• Finding or preparing the information would cause an unreasonable amount of work and disrupt the organisation’s services.
• Your request is too general to allow the information to be identified and the organisation has done all it can to advise and assist you.
  

Q.  What will it cost me to get environmental information?  

A.  There should be no charge for:

• looking at public registers
• looking at information already available on the authority’s premises or at an information service centre

In any other case, the organisation can choose to make environmental information available free of charge or to charge a reasonable fee.

If fees are to be charged, the organisation must set out clearly (e.g., in a leaflet or on the authority’s website) when a fee may be:

• charged
• waived
• required to be paid in advance

The organisation must not charge you more than it will cost to provide the information.

If you feel the fee is unreasonably high, you can ask the organisation to review it. If, after the review, you still feel it is too high you can appeal to the Scottish Information Commissioner.

Q.  Is there environmental information I may not be able to see?

A. You have a general right to see all recorded environmental information from the organisations covered by the environmental information rules. However, environmental information may be kept from you in certain circumstances if the organisation believes that giving it to you would cause real harm. The organisation may call this “substantial prejudice” in its letter to you. This may cover information which: 

• relates to international relations, defence, national security or public safety
• relates to the course of justice, the ability of someone to receive a fair trial, or the ability of a Scottish public authority to conduct an enquiry of a criminal or disciplinary nature
• is commercially valuable or confidential
• includes details of sensitive environments, for example, the location of a bird-of-prey nesting site, or where giving the information may lead to harm or pollution
• is currently incomplete, as with ongoing research

Before  deciding whether to provide information that may be covered by one of these exceptions, the organisation must decide whether it is more in the “public interest” to keep it secret or to make it public.

Q. What if my request is refused?

A.  If your request is refused the organisation must tell you which exception it thinks applies.

It must tell you why it thinks there is greater public interest in keeping the information secret than in making it available and explain the reasons for this decision.

Q. What if I am unhappy with the reply to my request for environmental information?

A.  You can ask the organisation to review its decision if it does not reply to you or you are unhappy with how it has dealt with your request, for example, by:

• refusing to give you the information
• failing to reply to you within the time limit allowed
• claiming the information is excepted
• failing to give you advice and assistance in making your request
• asking you to pay a fee that you feel is unreasonable

Q.  What if I am still unhappy after the review?

A.   If after the review you are still unhappy with its reply, you can appeal to the Scottish Information Commissioner for a decision.
 
You can appeal to the Court of Session on a point of law against a decision by the Commissioner. With environmental information requests you have a further route of appeal to the European Court of Justice. If you are considering an appeal, you should seek legal advice.

how to appeal >>