Summary: The complaint requested from the Veterinary Laboratories Agency (VLA) a copy of a post-mortem carried out on piglets in a farm. The VLA refused to disclose the post-mortem stating that the information was exempt under section 40(2) -˜personal data-™ and section 43 -˜commercial interests-™ of the Act. In relation to section 43, VLA found that the public interest favoured maintaining the exemption. The Commissioner has investigated and found that the request should have been dealt with under the Environmental Information Regulations 2004 (EIR). However, he concluded that the information was exempt under exception 13(1) -˜personal data-™. In failing to deal with the request under the correct legislation the VLA breached the requirements of regulation 14 of the EIR.
Section of Act/EIR & Finding: FOI 43 - Complaint Not upheld, EIR 14 - Complaint Upheld