FT/EA/2024/0207 - [2025] UKFTT 01276 (GRC)

As noted, Part 3 of the EIRs contains various exceptions to the duty to disclose environmental information which has been requested. Within Part 3 of the EIRs, regulation 12(5)(e) (confidentiality of commercial or industrial information) is applicable for the purposes of this appeal. So far as is relevant, regulation 12 provides:

“(1)

… a public authority may refuse to disclose environmental information requested if—

(a)

an exception to disclosure applies under paragraphs (4) or (5); and

(b)

in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information.

(5)

For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that its disclosure would adversely affect—…

(e)

the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest;”.

Succinctly put, therefore, a public authority may refuse to disclose environmental information which is requested under the EIRs if the disclosure of that information would adversely affect the applicable confidentiality of commercial or industrial information and if, in all the circumstances, the Public Interest Test favours withholding the information.