Question

What kind of information can be turned as a environmental information?

Answer 1

What is environmental information?

The Freedom of Access to Information on the Environment Regulations (S.L. 549.39) have directly incorporated the definition of environmental information from the European Directive 2003/4/EC on public access to environmental information (which in turn closely follows, but expands upon, the definition in the Convention).

It is important to understand the distinction between environmental information that would fall within the scope of the Regulations, and personal data, which falls under the Data Protection Act 2001, in order to deal with requests/complaints lawfully.

The following aims to provide an understanding as to what constitutes environmental information, however, it should be noted that this guidance is not intended to be exhaustive.

As per Article 2 of the above regulations, 'Environmental information' means any information in written, visual, aural, electronic or any other material form on:  

(a) the state of the elements of the environment, such as* air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

(b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in paragraph (a);

(c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in paragraphs (a) and (b) as well as measures or activities designed to protect those elements;

(d) reports on the implementation of environmental legislation;  

(e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in paragraph (c); and

(f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in paragraph (a) or, through those elements, by any of the matters referred to in paragraphs (b) and (c).