11 May 2017, Other
The complainant has requested a copy of all the comments received in response to a consultation on fracking. The Oil and Gas Authority (OGA) initially refused the request on the basis of regulation 13(1) – that the information would be personal data. Following an internal review, the OGA sought to apply regulation 12(4)(b) to refuse the request as manifestly unreasonable due to the volume of information involved. The Commissioner’s decision is that the regulation 12(4)(b) exception is engaged and the public interest favours maintaining the exception. However, she fins the OGA has not met the requirements of regulation 9 by offering advice and assistance to the complainant on how to refine the request. The Commissioner requires the public authority to provide the complainant with advice and assistance to refine the scope of his request.
EIR 12(4)(b): Not upheld EIR 9: Upheld