Information Commissioner's Office

Department for Environment Food and Rural Affairs

25 October 2007, Central government

The complainant, on 15 March 2005, requested information from the Department for Environment Food and Rural Affairs (“the Department”) in relation to the farm upon which she and her family live and which she and her family run as a business. The Department withheld the information on the basis that it is exempt under section 12 of the Freedom of Information Act 2000 (“the Act”) in that the cost of complying with the request would exceed the appropriate limit. The Commissioner is satisfied that the withheld information is environmental information and so falls to be considered under the Environmental Information Regulations 2004 (the “EIR”). The Commissioner is satisfied that all of the information is excepted from disclosure under regulation 5(3) of the EIR because the information constitutes personal data of which the complainant is the data subject. The Commissioner finds that the Department has not dealt with the complainant's request in accordance with Part 1 of the Act in that it has incorrectly applied the exemption under section 12 of the Act and has failed to consider the information under the EIR and that the Department has failed to comply with regulation 5 of the EIR and in particular has failed to apply regulation 5(3) of the EIR.

FOI 12: Upheld