The Environmental Information Regulations provide the public with a right to request access to environmental information held by public bodies. Requests for environmental information do not have to be in writing; they may come in any form. Nor do they need to mention the EIRs specifically in order for them to apply. There is also no geographical restriction; the information may relate to anywhere in the world, and may be requested by anyone, anywhere in the world. Guidance and the Code of Practice on the EIRs are also available from the DEFRA website

The definition of environmental information
The definition of environmental information is very wide and covers any information that relates to:

• air
• water
• land
• natural sites
• flora and fauna (including crops, livestock, GMOs and biodiversity)
• built environment
• health

It also covers all information relating to decisions or activities affecting, or likely to affect, any of these, including environmental protection and cost benefit analyses.

The information that should be disclosed
The EIRs provide a general right of access to environmental information, subject to certain limited exceptions. These include information that, if released, would adversely affect:

• international relations
• national defence
• public security
• the proceeding of public authorities, and the course of justice
• intellectual property rights or commercial confidentiality

There are also exceptions relating to:

• voluntarily supplied information
• personal data, particularly if the disclosure may breach an individual's rights under the Data Protection Act

There is also a special exception to protect the environment to which the information relates. Authorities would not wish to release information if, in doing so, they placed at risk a rare species breeding site, for example.

If you would like to find out further information, please contact us.