Page 41 - อนุสัญญาว่าด้วยการเข้าถึงข้อมูลข่าวสาร การมีส่วนร่วมของประชาชนในการตัดสินใจ และการเข้าถึงความยุติธรรมในเรื่องสิ่งแวดล้อม: จัดทำขึ้น ณ เมืองออร์ฮูส ประเทศเดนมาร์ก วันที่ 25 มิถุนายน 2541

(a) The confidentiality of the proceedings of public authorities, where
such confidentiality is provided for under national law;

(b) International relations, national defence or public security;

(c) The course of justice, the ability of a person to receive a fair
trial or the ability of a public authority to conduct an enquiry of a criminal
or disciplinary nature;

(d) The confidentiality of commercial and industrial information, where
such confidentiality is protected by law in order to protect a legitimate
economic interest. Within this framework, information on emissions which is
relevant for the protection of the environment shall be disclosed;

(e) Intellectual property rights;

(f) The confidentiality of personal data and/or files relating to a
natural person where that person has not consented to the disclosure of the
information to the public, where such confidentiality is provided for in
national law;

(g) The interests of a third party which has supplied the information
requested without that party being under or capable of being put under a legal
obligation to do so, and where that party does not consent to the release of
the material; or
(h) The environment to which the information relates, such as the
breeding sites of rare species.

The aforementioned grounds for refusal shall be interpreted in a restrictive
way, taking into account the public interest served by disclosure and taking
into account whether the information requested relates to emissions into the
environment.

5. Where a public authority does not hold the environmental information
requested, this public authority shall, as promptly as possible, inform the
applicant of the public authority to which it believes it is possible to apply
for the information requested or transfer the request to that authority and
inform the applicant accordingly.

6. Each Party shall ensure that, if information exempted from disclosure
under paragraphs 3 (c) and 4 above can be separated out without prejudice to
the confidentiality of the information exempted, public authorities make
available the remainder of the environmental information that has been
requested.

7. A refusal of a request shall be in writing if the request was in writing
or the applicant so requests. A refusal shall state the reasons for the
refusal and give information on access to the review procedure provided for in
accordance with article 9. The refusal shall be made as soon as possible and
at the latest within one month, unless the complexity of the information
justifies an extension of this period up to two months after the request. The
applicant shall be informed of any extension and of the reasons justifying it.

8. Each Party may allow its public authorities to make a charge for
supplying information, but such charge shall not exceed a reasonable amount.

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