Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lancashire Fire and Rescue Service (Local government) [2018] UKICO fer0703559 (5 April 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0703559.html
Cite as: [2018] UKICO fer0703559, [2018] UKICO fer703559

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Lancashire Fire and Rescue Service

The complainant requested information relating to a hydraulic fracturing operation. Lancashire Fire and Rescue Service (the FRS) dealt with the request under the FOIA and refused to confirm or deny whether it held the requested information, citing the exemptions provided by sections 24(2) (national security), 31(3) (law enforcement) and 38(2) (health and safety) of the FOIA. Following the intervention of the Commissioner, the FRS acknowledged that at least some parts of the request should have been dealt with under the EIR and issued a further response to the complainant under the EIR. It maintained the refusal to confirm or deny whether the requested information was held and cited the exception provided by regulation 12(5)(a) / 12(6) (national security) of the EIR. The Commissioner’s decision is first that the whole of the complainant’s request should have been dealt with under the EIR. Secondly, she finds that the exception provided by regulation 12(5)(a) / 12(6) is not engaged and now requires the FRS to respond to the complainant with confirmation or denial as to whether the information she requested is held.

EIR 12(5)(a): Complaint upheld EIR 12: Complaint upheld

Decision notice: fer0703559