9 May 2017, Other
The complainant has requested information relating to an alleged pollution incident, including the name of the company Yorkshire Water was prosecuting. Yorkshire Water provided some of the requested information, however it refused to provide the name of the company to be prosecuted on the basis that it did not constitute environmental information. The Commissioner finds that within the context of the request, the name of the company does constitute environmental information. By failing to provide a response to this element of the request within the time limits established by the Regulations Yorkshire Water has breached regulation 5(2). The Commissioner requires the public authority issue a response under the EIR.
EIR 5(2): Upheld