Increase In Environmental Issues Information Complaints
The proportion of complaints about public bodies withholding information about environmental issues has almost doubled in the last five years, the Information Commissioner has revealed.
The proportion of complaints about public bodies withholding information about environmental issues has almost doubled in the last five years, the Information Commissioner has revealed.
Rosemary Agnew has called on public bodies to respond properly to such requests amid concern about apparently low levels of awareness of environmental information law''.
The proportion of appeals received by the commissioner on environmental issues has risen to the highest-ever level, amounting to 14% of total appeals compared with 8% five years ago.
The Environmental Information (Scotland) Regulations (EIRs) gives the public rights to environmental information.
Last year, Scottish public authorities reported receiving 66,753 information requests, 7,196 of which they responded to under the EIRs.
While the proportion of requests appealed to the commissioner was just 0.7% overall, figures show requests handled under the EIRs are more likely to be appealed, reflecting both the appetite for environmental information and supporting the commissioner's concerns about levels of awareness.
Speaking at the launch of her 2014/15 annual report, Ms Agnew said: There is an increasing appetite for information on a range of environmental issues which are having greater and greater effect on our daily lives.
Whether it is about pandas or potholes, wind farms or fish farms, flooding or fracking, the public is seeking information about how decisions that affect them are made, funded and implemented. If the public is to engage effectively in these matters, then they must be properly informed.
Information requests must be responded to under the right law. Our experience suggests levels of awareness of the EIRs in authorities is lower than awareness of FOI law.
Why does all this matter? Well, information that might be withheld under FOI may be disclosable under the EIRs which contain fewer circumstances where information can be withheld, and, significantly, all decisions taken to withhold information under the EIRs are subject to a public interest test.
If authorities are failing to use the correct legislation, they may be inadvertently denying requesters access to information they have a right to see.''