Act Now - EIR Exceptions

This advanced workshop is aimed at FOI/EIR practitioners who wish to develop a deeper understanding of the EIR exceptions and how they operate in practice.

Before examining each exception in turn, we will look closely at the presumption in favour of disclosure and the public interest test, particularly focussing on what the courts and tribunals have said is required in relation to these. This will be followed by a detailed examination of the class based exceptions in EIR regulation 12(4) and the adversely affects exceptions in EIR reg 12 (5). We will review important decisions and provide guidance on what factors should be considered when applying each exception and when drafting a Refusal Notice.

Key Topics

• The purpose of the EIR and the requirement to interpret the EIR exceptions in a restrictive manner
• The presumption in favour of disclosure and what this means in practice
• The operation of the public interest test and public interest arguments relevant to each exception
• How to establish whether disclosure would have an adverse effect in any given case and the level of evidence required to support this decision
• The specific requirements of each exception
• The function of EIR regulation 5 (6)
• The 'omissions' override and how this operates in practice
• The personal data exception
• Refusal Notices, Internal Reviews and Enforcement