Information Commissioner's Office

Summary: The complainant requested information concerning meetings between DEFRA and the Environment Agency and British Waterways. The complainant subsequently submitted a meta-request, ie a further request for information about the handling of his first request. DEFRA refused to disclose the requested information in both instances, citing the exemption in section 36 of the Act. Following the internal review DEFRA changed its stance slightly, claiming that should section 36 not be engaged in relation to the information, then section 35 should apply in the alternative. The Commissioner found that the requested information was exempt by virtue of section 35 of the Act. In relation to the second request the Commissioner found that the exemption at section 36 was engaged. With respect to both requests the Commissioner found that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner therefore found that DEFRA had acted correctly in withholding the information.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 35 - Complaint Not upheld, FOI 36 - Complaint Not upheld