High Speed Two Limited (Other) [2021] UKICO IC-76802 (16 September 2021)
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High Speed Two Limited
The complainant requested details of a contractor’s request to carry out soil translocation works. At various points, High Speed Two Limited relied on Regulations 12(4)(a) (information not held), 12(4)(d) (material in the course of completion), 12(4)(e) (internal communications), 13 (third party personal data), 12(5)(a) (public safety) and 12(5)(e) (commercial interests) of the EIR. By the completion of the investigation it had withdrawn its reliance on the latter two exceptions. The Commissioner’s decision is that only some of the withheld information engages Regulation 12(4)(e), although where it does, the public interest favours disclosure. She finds that Regulation 12(4)(d) is only engaged in relation to some of the requested information and, where it is, the public interest favours maintaining the exception. Finally, the Commissioner considers that Regulation 13 has been incorrectly applied in a single instance. As HS2 Ltd failed to complete its internal review (reconsideration) within 40 working days it breached Regulation 11 of the EIR. Finally, HS2 Ltd also breached Regulation 14 of the EIR. The Commissioner requires HS2 Ltd to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the information identified in the Confidential Annex to this notice.
EIR 11:
Complaint upheld
EIR 12(4)(d):
Complaint partly upheld
EIR 13:
Complaint partly upheld
EIR 12(4)(e):
Complaint upheld
EIR 14:
Complaint upheld
Decision notice: IC-76802
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-76802.html
