Information Commissioner's Office

Department for Culture Media and Sport

19 November 2007, Central government

The complainant requested all the paperwork concerning the decision not to list a building. DCMS refused to disclose the information held and relied on sections 36, 40 and 42 of the Act. The complainant disputed the application of section 36. The Commissioner investigated and found that the information requested was environmental information and that the request should have been dealt with under the EIR. The Commissioner found that under the EIR the exception at regulation 12 (4) (e) was engaged in relation to the information withheld under section 36 but that in all circumstances of the case the public interest in maintaining the exception did not outweigh the public interest in disclosure. In failing to deal with the request under the correct legislation the Commissioner finds that DCMS were in breach of regulation 14. By failing to disclose the information and relying on the exemption at 12 (4) (e) DMCS breached the requirements of regulation 5. The Commissioner orders the DCMS to disclose the information withheld under regulation 12 (4) (e) of the Act, subject to redaction of the information which can withheld under regulation 13 (Personal Data).

EIR 5: Upheld