Information Commissioner's Office

Department of Energy and Climate Change

17 August 2015, Central government

The complainant has requested copies of all the documents provided to the European Commission in support of the UK application for a state aid agreement on the Hinkley Point C nuclear project. The Department of Energy and Climate Change (DECC) dealt with the request under the EIR and initially cited regulations 12(4)(d) (material in the course of completion), 12(5)(a) (international relations) and 12(5)(e) (confidentiality of commercial or industrial information) to withhold the requested information. DECC also later introduced regulations 12(4)(b) (manifestly unreasonable requests) and 12(3) and 13 (third party personal data) to support the decision not to comply with the request. The Commissioner has determined that DECC properly applied regulations 12(4)(b) and 12(5)(a) of the EIR. With regard to the public interest test attached to both of the exceptions, the Commissioner has found that in all the circumstances the public interest favours maintaining the exceptions. He does not therefore require DECC to take any steps as a result of this notice.

EIR 12(4)(b): Not upheld EIR 12(5)(b): Not upheld