Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Infrastructure (Northern Ireland) (Central government) [2019] UKICO fer0737858 (1 July 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0737858.html
Cite as: [2019] UKICO fer0737858, [2019] UKICO fer737858

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Department for Infrastructure (Northern Ireland)

The complainant has requested information from the Department for Infrastructure (‘DfI’) in relation to service changes relevant to the provision of public transport. The DfI disclosed some information to the complainant, withheld some information under regulation 12(5)(e) of the EIR and stated that it did not hold the remaining requested information.  The complainant has made no complaint to the Commissioner in respect of regulation 12(5)(e).  In relation to the other parts of the requests raised in internal review, i.e. 1), 2(a) and 2(d), the Commissioner is satisfied that on the balance of probabilities the DfI does not hold information within the scope of these.  Therefore, the DfI was entitled to   refuse parts 1), 2(a) and 2(d) of the complainant’s requests under regulation 12(4)(a) of the EIR, however it incorrectly refused part 2(f) under that regulation and in that respect has not complied with its duties under regulation 5(1) of the EIR. The Commissioner requires the DfI to take the following steps to ensure compliance with the legislation:- Disclose the information it does hold within the scope of part 2(f) of the complainant’s request, or, if any exception(s) under the EIR apply to that information, issue a fresh refusal notice in accordance with regulation 14 of the EIR stating this. The DfI must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 5(1): Complaint partly upheld EIR 12(4)(a): Complaint partly upheld

Decision notice: fer0737858