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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Environment Food and Rural Affairs (Decision Notice) [2013] UKICO FER0506421 (22 August 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0506421.html
Cite as: [2013] UKICO FER506421, [2013] UKICO FER0506421
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Department for Environment Food and Rural Affairs (Decision Notice) [2013] UKICO FER0506421 (22 August 2013)
Summary: The complainant made a request to the Department for Environment, Food and Rural Affairs (Defra) for information on the hair test conducted as part of the 2013 survey on badger numbers. Defra refused the request under regulation 12(4)(a) of the EIR (information not held) because it said that the information was held by another organisation. The Commissioner has investigated the complaint and found that this organisation is in fact an executive agency of Defra and therefore the information was held by Defra and it was obliged to response to the request. The Commissioner-™s decision is that regulation 12(4)(a) does not apply in this case. The Commissioner requires the public authority to issue the complainant with a fresh response under the EIR.
Section of Act/EIR & Finding: EIR 12.4.a - Complaint Upheld