The Court of Appeal provides guidance on the date when environmental information is “held” by public authorities under the Environmental Information Regulations – Panopticon
‘The Court of Appeal in Information Commissioner and another v O’Hanlon [2026] EWCA Civ 838 has found that the duty to disclose environmental information only applies to information held at the date of the request, and further that the exception to disclosure in reg 12(4)(a) of the Environmental Information Regulations 2004 (“EIR”) (where a public authority does not “hold” the environmental information requested) is to be applied as at the time of the initial request, not the time of the authority’s refusal or subsequent reg 11 review.’
Panopticon, 7th August 2026
Source: panopticonblog.com

