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The Public Interest Test - EIRs

Guidance on applying the public interest test under the EIRs

Under regulation 5(1) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), a Scottish public authority that holds environmental information must make it available when requested to do so.

This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test.

This means that, even if an exception applies, the public authority must still disclose the information unless the public interest in making the information available is outweighed by that in maintaining the exception.

This guidance gives advice to public authorities on how to address the public interest test. It gives examples of the factors they should take into account when deciding where the public interest lies. Requesters may also find the guidance helpful when a public authority refuses to disclose information under the EIRs.


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The Public Interest Test - EIRs


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