Southern Water Services Ltd (Other) [2024] UKICO 274644 (17 April 2024)
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Southern Water Services Ltd
In a nine-part request, the complainant has requested information about a 2012 project at Old Roar Gill, East Sussex. Southern Water Services Ltd (SWS) advised it doesn’t hold information within scope of parts 1, 2, 6, 9 and 10. It addressed part 4 and directed the complainant to its website where it indicated that information relevant to parts 3 and 8 is available. SWS also relied on regulation 13 of the EIR to refuse parts 5 and 8, which concerns personal data. In their complaint to the Commissioner, the complainant disputed SWS’s response to parts 3 and 8 of their request. SWS has subsequently confirmed that it doesn’t hold historical mapping data but identified a small amount of information it holds that’s within scope of part 10 of the request. The Commissioner’s decision is as follows: SWS doesn’t hold the historical mapping information within scope of parts 3 and 8 of the request. Regulation 12(4)(a) of the EIR is therefore engaged in respect of that information, which concerns information that isn’t held. The personal data contained within current mapping data that’s of some relevance to part 8 of the request is excepted from disclosure under regulation 13. SWS didn’t make non-excepted information available or refuse excepted information within the statutory time period and therefore breached regulations 5(2) and 14(2) of the EIR. The Commissioner requires SWS to take the following step to ensure compliance with the legislation. Disclose to the complainant the presentation discussed at paragraph 54 of this notice with any personal data appropriately redacted under regulation 13. EIR 5 – complaint upheld; EIR 12(4)(a) – complaint not upheld; EIR 14 – complaint upheld; EIR 13 – complaint not upheld
EIR 12(4)(a):
Complaint not upheld
EIR 13:
Complaint not upheld
EIR 5:
Complaint upheld
EIR 14:
Complaint upheld
Decision notice: 274644
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URL: http://www.bailii.org/uk/cases/UKICO/2024/274644.html
