Exemptions
We are committed to being open and transparent. Our publication
scheme contains details relating to our environmental, corporate
and regulatory functions. We will aim to ensure that the scheme
includes as much information as possible that is in the public
interest. In the event of a complaint, SEPA must be able to
demonstrate to the Scottish Information Commissioner that releasing
information would be against the public interest.
If you request information from us, we will try to provide it in
accordance with the letter and the spirit of the law. Where your
request could be handled under either Freedom of Information or
Environmental Information laws, our aim will be to apply whichever
one is most favourable to you.
The law specifies circumstances under which we are entitled - or
obliged - to withhold some information. This will include (but is
not limited to):
- anything that may substantially prejudice or harm law
enforcement, legal proceedings or our regulatory or enforcement
activities
- anything that may substantially prejudice or harm commercial
interests or confidentiality of any person or organisation, or
information disclosure that is otherwise prohibited by law (for
example, we hold information that is personal data under the Data
Protection Act 1998).
Where an exemption does apply to requested information, we will try
to make as much of the non-exempt information available as
possible.
If we do withhold information, we will explain why. If you are
not satisfied with our explanation, you can ask for a review of the
decision and/or refer the matter to the Scottish Information
Commissioner.