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You are here: BAILII >> Databases >> Information Commissioner's Office >> Health and Safety Executive (Other) [2021] UKICO IC-69441 (28 September 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-69441.html
Cite as: [2021] UKICO IC-69441
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Health and Safety Executive
The complainant has requested information about demolition work at a particular site. Having originally withheld all the relevant information it holds, the Health and Safety Executive (HSE) has now disclosed some of the information. HSE has advised it does not hold some of the requested information. It has withheld the personal data of third persons and has withheld the remainder of the information under regulation 12(5)(b) of the EIR (course of justice), regulation 12(5)(a)(public safety) and regulation 12(4)(b) (manifestly unreasonable request). HSE considers the public interest favours maintaining these exceptions. The complainant considers that HSE holds further information within scope of her request and that the information withheld under regulation 12(5)(b) should be disclosed. The Commissioner’s decision is as follows: HSE holds information within the scope of part [1] of the request and has therefore breached regulation 5(1) and regulation 5(2) of the EIR in respect of that part. On the balance of probabilities, HSE holds no further information within scope of parts [2], [5], [7] and [11] of the request and has complied with regulation 5(1) in respect of those parts. HSE is entitled to rely on regulation 12(5)(b) to withhold information within scope of parts 2 and 11 of the request, and the public interest favours maintaining this exception. HSE failed to provide its internal review response within the statutory time period of 40 working days and, as such, breached regulation 11(4) of the EIR. The Commissioner requires HSE to take the following step to ensure compliance with the legislation. Provide the complainant with a response to part [1] of her request that complies with the EIR.EIR 11: Complaint upheld EIR 12(5)(b): Complaint not upheld EIR 5: Complaint partly upheld
Decision notice: IC-69441