Certain information is considered exempt under the Regulations:
There are exceptions to the duty to disclosure environmental information. These include,
- where release of the information would adversely affect national security
- the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature;
- intellectual property rights;
- the confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law
- the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest;
- the interests of the person who provided the information where the person -
- was not under, and could not have been put under, any legal obligation to supply it to that or any other public authority;
- did not supply it in circumstances such that that or any other public authority is entitled apart from these Regulations to disclose it; and
- has not consented to its disclosure; or
- the protection of the environment to which the information relates.
