![[2024] UKUT 320 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Introduction
Introduction
The Appellant poses the question raised by this appeal in the following terms: where a public authority holds environmental information in electronic form, can it effectively parry a request for the information to be supplied in that same format by instead inviting the requester to visit its premises and displaying the information on a computer screen at those premises?
The short answer to that question (prefacing a long decision) is that in principle the public authority may do so (depending on the facts).
It follows that the main legal issue arising on this appeal concerns the proper construction of regulation 6(1)(b) of the Environmental Information Regulations 2004 (SI 2004/3391), which provides as follows (emphasis in italics added):
Form and format of information
6 (1) Where an applicant requests that the information be made available in a particular form or format, a public authority shall make it so available, unless—
it is reasonable for it to make the information available in another form or format; or
the information is already publicly available and easily accessible to the applicant in another form or format.
As a subsidiary issue, this appeal also concerns the qualified exemption in section 39(1) of the Freedom of Information Act 2000, which provides as follows:
Environmental information
39 (1) Information is exempt information if the public authority holding it—
is obliged by environmental information regulations to make the information available to the public in accordance with the regulations, or
would be so obliged but for any exemption contained in the regulations.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 8 January 2024 under number EA/2022/0455 was not made in error of law (section 11 of the Tr
- Introduction
- Abbreviations
- The parties to this appeal
- The factual context of this appeal
- The Appellant’s request for environmental information
- The Information Commissioner’s Decision Notice
- The First-tier Tribunal’s decision and the further grounds of appeal
- Ground 1: Was the information ‘publicly available’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 1
- Discussion
- Ground 2: Was the information ‘easily accessible’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 2
- Discussion
- Ground 3: The application of the FOIA regime
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 3
- Discussion
- Conclusions