Health and Safety Executive (Other) [2022] UKICO 129445 (7 November 2022)
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Health and Safety Executive
The complainant has requested the application to the Health and Safety Executive (HSE) for the emergency authorisation of the use of Syngenta’s Cruiser SB neonicotinoid seed treatment on sugar beet and any related correspondence. HSE was initially unable to provide some documents relating to part of the request but stated that it would do so when it could. It later provided information within the scope of the request in a redacted form. HSE cited regulations 12(5)(e), 12(5)(a) and 12(3)/13(1) of the EIR regarding the withheld information. After the Commissioner began his investigation, HSE withdrew its reliance on any exception apart from personal data. The Commissioner’s decision is that HSE was entitled to rely on regulation 13 to withhold personal data. However, HSE breached regulations 5(2) and 14(2) of the EIR by failing to handle the request within the statutory timeframe. The Commissioner does not require HSE to take any further steps.
EIR 13(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 129445
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URL: http://www.bailii.org/uk/cases/UKICO/2022/129445.html
