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Annual Report 2008 - Text
Promoting Access to Information
There are some exceptions to the right of access but the Directive and the Regulations make it clear that these exceptions are to be interpreted in a restrictive way and are subject to a public interest test. Interestingly, there is also a requirement that public authorities should organise information on the environment which they hold "with a view to its active and systematic dissemination to the public". Clearly, this reflects a strong view that public authorities should actively seek to create public interest in, and knowledge of, environmental matters. It sets the tone for the approach public authorities should take when members of the public, or corporate bodies, make specific access requests. The expectation, very clearly, is that access requests will be granted.
As regards a remedy where information is not made available, the Directive requires member states to put in place both internal and external review or appeal mechanisms. The outcome of the independent, external review - which under the 2007 Regulations will be carried out by my Office - is binding on the public authority.
