Third party interests - Regulation 10(5)(f)

The main points

  • Regulation 10(5)(f) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to the interests of a person who provided information voluntarily to the authority. The exception can only be applied if all three of the following tests are satisfied:
    • The person was not legally obliged (and could not be legally obliged) to supply the information
    • The person did not supply it in circumstances such that it could be made available except by making a request for it under the EIRs
    • The person has not consented to the information being disclosed.
  • In common with other exceptions in the EIRs:
    • the exception is subject to the public interest test in regulation 10(1). This means that, even if the exception applies, the information should still be disclosed unless the public interest in withholding the information outweighs the public interest in making it available.
    • the exception can be relied on regardless of the age of the information.
  • This exception cannot be used to withhold information on emissions

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EIR Briefing - Regulation 10(5)(f): Third party interests

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