Category Archives: Academic Analysis
The Perception of Power From Users of the Right to Environmental Information
The Environmental Information (Scotland) Regulations (the Regulations) are concerned with the disclosure of environmental information. This, in turn, raises questions on the power exercised by those who hold such information. In a previous post we noted how both users of … Continue reading
The Limited Use of Internal Review Procedures: Parallels with Other Review Regimes
In a previous post we have considered why requesters who have not received all of the information they requested or received a late response decided to not utilise the internal review procedure. The lack of internal reviews from this category … Continue reading
Power and the Environmental Information (Scotland) Regulations 2004
Holding information not available to others is a common way of exercising power, but it has special significance in the context of environmental issues. It is in this context that the Environmental Information (Scotland) Regulations 2004 (the Regulations) aims to … Continue reading
Technology and the Right of Access to Environmental Information
The right of access to environmental information has significantly evolved since it was first implemented in Scotland. One of the most significant changes the right has undergone is how technology and the internet have changed how users access environmental information. … Continue reading
Why Do You Seek Access to Environmental Information?: Motives and the Right of Access to Environmental Information
The primary aim of the right of access to environmental information is to enhance how the public participates in environmental decision-making procedures in order to improve the decisions taken by public authorities on the environment. However, evidence gathered by the … Continue reading
The Use of Internal Reviews under the Environmental Information (Scotland) Regulations 2004
Under the Environmental Information (Scotland) Regulations 2004, users of the right can challenge how Scottish public authorities responded to and processed their request for environmental information. However, users are generally reluctant to challenge Scottish public authorities under the Regulations. This … Continue reading
Proactive Disclosure of Environmental Information In Scotland: Part II
In the previous post I explored how Scottish public authorities proactively disclose environmental information, which is known as the active right. While the previous post was predominantly focused on the proactive disclosure of environmental information, it is important to recognise … Continue reading
Proactive Disclosure of Environmental Information in Scotland: Part I
In Scotland, the Environmental Information (Scotland) Regulations 2004 are the most visible legislative instrument implementing the right of access to environmental information. The most visible aspect of the Regulations is how it imposes an obligation on public authorities to disclose … Continue reading
Exceptions and Conflict under the Environmental Information (Scotland) Regulations: Part II
In the previous post I analysed how often Scottish public authorities applied the exceptions contained within the Environmental Information (Scotland) Regulations 2004. I identified that Scottish public authorities, contrary to public belief, usually disclose environmental information on request and rarely … Continue reading
Exceptions and Conflict under the Environmental Information (Scotland) Regulations: Part I
In responding to requests for environmental information under the Environmental Information (Scotland) Regulations 2004, Scottish public authorities are entitled to refuse to disclose the requested information. However, public authorities can only do so if the request falls within one of … Continue reading