Concept and Legal Classification of Environmental Information
Environmental information is a key element of environmental law and exists within the extensive legal context of freedom of information and environmental protection. The term is essentially defined by European and national legal provisions and serves the purposes of transparency, participation, and control of governmental actions in the field of the environment. The legal treatment of environmental information encompasses numerous laws, directives, and international agreements governing the accessibility, processing, and use of such information.
Definition of Environmental Information
According to § 2 of the Environmental Information Act (UIG) and Article 2(1) of Directive 2003/4/EC on public access to environmental information, environmental information comprises all data, in any form, concerning:
- the state of environmental elements (e.g. air, water, soil, landscape, nature)
- influencing factors such as substances, energy, noise, radiation, emissions, waste, or releases into the environment
- measures and activities affecting the environment (including policies, legislation, plans, programs, administrative acts, environmental agreements)
- reports on the implementation and effectiveness of such measures
- the state of human health and safety, insofar as it is affected by environmental factors, including contamination of the food chain
Thus, environmental information does not only cover data on the direct state of the environment, but also all information regarding factors impacting the environment as well as official activities of environmental relevance.
Legal Foundations for Environmental Information
International and European Law
The basis under international law is the Aarhus Convention (UNECE Convention of 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters), ratified by the European Union and its Member States. It obliges the countries to grant the public access to environmental information, ensure participation in decision-making, and provide access to justice in environmental law matters.
Based on this, the European Union adopted Directive 2003/4/EC, harmonizing public access to environmental information across the EU.
National Law in Germany
The central national law is the Environmental Information Act (UIG), which has been part of German law since 2005. It comprehensively governs free access to environmental information held by information-obligated bodies.
Additionally, the Freedom of Information Acts of the federal states, the Federal Freedom of Information Act (IFG), various special laws (e.g., the Water Resources Act, the Circular Economy Act, the Federal Nature Conservation Act), as well as provisions for the protection of trade and business secrets are relevant.
Scope and Content of Environmental Information
Form and Format of the Information
According to the UIG and the European Directive, environmental information can exist in any form or format. This includes written and electronic documents, maps, databases, audio-visual materials, and any other type of record.
Scope of Application
The term refers both to information already held by authorities (existing information) and to information that must be compiled upon request. Information used or received by authorities for official purposes is also considered environmental information.
Right of Access to Environmental Information
Eligible Applicants
In principle, the right of access to environmental information is granted to any person, regardless of nationality, place of residence, or legal interest. The request can be made informally.
Obligated Bodies
Obligated to provide environmental information are:
- Federal, state, and local authorities
- legal entities under public law in the field of environmental tasks
- private individuals or entities, to the extent they perform public administrative tasks related to the environment or hold environmental information that is provided to authorities
Type and Scope of Access
Access may be granted through the provision of information, file inspection, electronic transmission, or copies. Applicants have the right to choose the form of delivery freely, provided it does not entail unreasonable effort.
Limitations and Exceptions
Grounds for Exclusion
Access to environmental information may be restricted or denied under § 8 UIG and the corresponding provisions of the Aarhus Convention as well as the EU Directive in certain cases, in particular if:
- the protection of public interests, such as international relations, public security, or defense is concerned
- the protection of ongoing legal proceedings or criminal investigations is impaired
- trade and business secrets, intellectual property, personal data, or the protection of personal data must be safeguarded
- internal communications and advisory processes within public authorities are affected
The grounds for exception must be interpreted narrowly in the interests of transparency and freedom of information, and a balancing of the conflicting interests and the public’s interest in information is mandatory.
Obligation to Balance Interests
Even when a ground for exclusion exists, a comprehensive weighing of interests must be conducted. The primary consideration is whether the public interest in disclosure outweighs other concerns.
Procedural Aspects
Submitting a Request
The request for access to environmental information should be addressed to the respective information-obligated body. No special form is prescribed; in general, an oral or written request is sufficient.
Processing Deadlines and Denial
Requests must generally be processed within one month according to § 3 UIG. If a request is denied, the reasons for denial must be given and information on possible legal remedies must be provided.
Remedies
If a request is denied or insufficiently fulfilled, the administrative legal process is available. Appeals bodies and oversight mechanisms, such as the environmental ombudsman or the freedom of information commissioner, may be involved.
Relation to Other Rights of Access to Information
The UIG supplements and overrides other freedom of information laws where environmental information is concerned. Its scope thus takes precedence over general freedom of information laws. In specific areas, however, special laws with more extensive or restrictive provisions may apply.
Significance of Environmental Information in Environmental Protection
Access to environmental information forms the basis for active public participation in environmental protection decision-making processes and is an essential instrument for promoting environmental democracy, transparency, and sustainable development. The openness of authorities to data-driven inquiries increases the accountability of administrative actions and strengthens participation in all areas of environmental protection.
This systematic presentation of the concept of environmental information and its legal framework provides a comprehensive overview of the definition, legal foundations, scope, exceptions, and practical significance of this central term in environmental law.
Frequently Asked Questions
Who is entitled to access environmental information?
Every natural or legal person is, as a general rule, entitled to access environmental information, regardless of nationality, place of residence, or specific interest. This is established under German law by the Environmental Information Act (UIG) and at European level under Directive 2003/4/EC. Eligible parties include private individuals, companies, associations, or other organizations. A justification for the request is not required. The entitlement exists against information-obligated bodies that possess environmental information within the scope of public duties or provide such information.
In which cases can access to environmental information be denied?
Access to environmental information may be refused in certain exceptions provided by law. Such grounds for denial are set out in § 8 UIG and, at the European level, in Art. 4 of Directive 2003/4/EC. Reasons for denial include the protection of personal data, protection of intellectual property, protection of ongoing legal proceedings or administrative decision-making processes, and protection of public safety or the operation of a public service. Another reason may be that the requested information is clearly incomplete or unavailable. Denials must be substantiated in writing.
What deadlines apply for responding to requests for environmental information?
The information-obligated body must provide access to the requested environmental information promptly, but no later than within one month of receipt of the request, or must take appropriate action. In exceptional cases, this period can be extended to a maximum of two months, for instance if the request is very extensive or complex. In such cases, the applicant must be informed immediately about the extension and the reasons for it. These requirements are set forth in § 3(3) UIG as well as Article 3 of Directive 2003/4/EC.
What rights exist in case of denial or delay of the information request?
If a request for access to environmental information is wholly or partly rejected, or not processed within the legal time limit, the applicant has the right to file an official appeal. In Germany, this initially involves an objection procedure, followed by the possibility of bringing an action before the administrative courts. Under the UIG and the Aarhus Convention, review by an independent and impartial body (e.g., the data protection officer or the ombudsman) is also foreseen. Guidance on legal remedies must be included in the written denial decision.
Are there any fees for the provision of environmental information?
In principle, administrative fees and expenses may be charged for granting access to environmental information. The amount of fees is determined by the respective regulations on environmental information fees at the federal or state level. However, the fees must not be prohibitively high; simple inquiries or on-site inspections are usually free of charge, or only minor costs for copies and postage apply. The obligation to provide information at reasonable cost is stipulated in § 12 UIG and in the corresponding European requirements.
What special provisions apply for trade and business secrets?
Trade and business secrets are subject to special protection within the framework of environmental information law pursuant to § 8(1) sentence 1 no. 3 UIG. Information classified as trade or business secrets may only be disclosed if the holder of the secret has given consent or if a balancing of interests reveals that the public interest in disclosure prevails. Before any possible disclosure, the affected company must be given the opportunity to comment. Whether information actually constitutes a trade or business secret must be assessed on a case-by-case basis.
How does environmental information law relate to other rights of access to information?
Environmental information law stands independently alongside other information access rights such as the Freedom of Information Act (IFG). Within the scope of the UIG, the Environmental Information Act takes precedence, i.e., applications for access to environmental information are always to be handled under the UIG. Only if the matter does not fall under the UIG may other information rights, such as the IFG, the Consumer Information Act, or press law claims be considered. This priority of environmental law regulations is established in both national and European law.
