Summary: The complainant has requested various pieces of information relating to the development of an underground gas storage facility. The Health and Safety Executive (the -HSE-) provided some information, but withheld some information on the basis that its disclosure would adversely affect national security or public safety [regulation 12(5)(a)]. It also applied the exception for the personal information of third parties [regulations 12(3) and 13(2)]. The complainant complained about the use of these exceptions, and also argued that the HSE had not identified all the relevant information that would fall under this request. During the investigation of this case, the complainant provided further details as to the scope of his request. Having been provided with this, the HSE informed the Commissioner that it was now treating the request as manifestly unreasonable [regulation 12(4)(b)]. The Commissioner-s decision is that the HSE has incorrectly applied regulation 12(4)(b) to this request. Therefore the Commissioner requires the HSE to respond to the request in compliance with the requirements of regulation 5(1) of the EIR.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Upheld