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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Energy and Climate Change (Decision Notice) [2013] UKICO FS50478517 (26 June 2013) URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50478517.html Cite as: [2013] UKICO FS50478517 |
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Summary: The complainant requested information relating to proposals for an expansion of Lydd Airport and its relationship to the Dungeness Nuclear Power Station. The Department of Energy and Climate Change (-˜DECC-™) initially refused the request under the FOIA. After reviewing the details of the case and the content of the withheld information the Commissioner advised that the withheld information falls within the scope of the EIRs. DECC continued to refute this, however the Commissioner maintains that the withheld information constitutes environmental information, and has assessed this case under the EIRs. DECC refused to disclose the requested information and cited the exception provided by regulation 12(4)(e) (internal communications) and 12(4)(d) (material still in the course of completion). The Commissioner-™s decision is as follows: Regulation 12(4)(d) is not engaged; Regulation 12(4)(e) is engaged for some of the withheld information, but the public interest in disclosure of the information outweighs the public interest in maintaining the exception. The Commissioner requires the public authority to redact the personal data of the requester from the withheld information and to disclose the information withheld under regulations 12(4)(d) and 12(4)(e).
Section of Act/EIR & Finding: EIR 12.4.d - Complaint Upheld, EIR 12.4.e - Complaint Partly Upheld