Summary: The complainant made a request to the Information Commissioner for the information that had been withheld from him in respect of a complaint the Commissioner was investigating. The Commissioner handled the request under Freedom of Information Act 2000 however failed to recognise that the requested information constituted environmental information under the Environmental Information Regulations 2004. Therefore the complainant should have been responded to under this legislation. The Commissioner withheld the requested information from the complainant and this Notice upholds that decision.
Section of Act/EIR & Finding: EIR 12.5.d - Complaint Not upheld, EIR 14 - Complaint Upheld