Information Commissioner's Office

Office for Nuclear Regulation

18 April 2016, Central government

The complainant has requested correspondence relating a report commissioned by the Office for Nuclear Regulation (ONR) on evidence submitted by an action group opposed to the expansion of Lydd Airport. The request was initially dealt with under the FOIA and whist some information was disclosed other information was withheld under sections 40 – personal data, and section 42 – legal professional privilege. During the course of the Commissioner’s investigation he advised the ONR that the request should have been handled under the EIR and the ONR subsequently applied the exceptions provided by regulation 13 – personal data and regulations 12(5)(b) – course of justice and 12(5)(d) – confidentiality of proceedings to the same information. The Commissioner’s decision is that the ONR is entitled to rely on these exceptions to withhold the disputed information. The Commissioner does not require the public authority to take any further action in this matter.

EIR 12(5)(b): Not upheld EIR 12(5)(d): Not upheld EIR 13: Not upheld