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You are here: BAILII >> Databases >> Information Commissioner's Office >> High Speed Two Limited (Other) [2020] UKICO fs50854372 (16 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50854372.html
Cite as: [2020] UKICO fs50854372
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High Speed Two Limited
The complainant has requested information relating to projected journey times using HS2 between a number of stations. HS2 Ltd dealt with the request under the FOIA. It confirmed that some of the requested information was held and provided links to where it considered some of the information held was available on the internet. However it originally withheld the rest of the information under the exemptions provided by section 36 of the FOIA – prejudice to the conduct of public affairs. Having been provided with copies of the journey times that were held and having considered the case carefully, the Commissioner determined that the information was environmental information and that therefore the request should have been considered under the EIR. As a consequence HS2 Ltd provided the Commissioner with a fresh submission setting out its arguments for withholding the information under regulation 12(4)(a) – information not held, 12(4)(d) - information in the course of completion, and regulation 12(4)(e) – internal communications. The Commissioner finds that HS2 Ltd does not hold the information on the times for 100 of the journeys that were requested. HS2 Ltd is entitled to rely on regulation 12(4)(a) to refuse those elements of the request. However in respect of the 55 remaining journey times which HS2 Ltd does hold, the Commissioner finds that regulation 12(4)(d) is engaged, but that the public interest favours disclosure and that the exception provided by regulation 12(4)(e) is not engaged. The Commissioner requires the public authority to disclose the information on projected journey times that it does hold.EIR 12(4)(a): Complaint not upheld EIR 12(4)(d): Complaint upheld EIR 12(4)(e): Complaint upheld
Decision notice: fs50854372