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You are here: BAILII >> Databases >> Information Commissioner's Office >> Thames Water (Other) [2022] UKICO ic-103882 (7 January 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-103882.html
Cite as: [2022] UKICO ic-103882
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Thames Water
The complainant has requested copies of correspondence relating to a particular planning application. Thames Water Ltd initially stated that the request did not seek environmental information, but eventually disclosed some information and relied on Regulation 12(4)(d) of the EIR (material in the course of completion) to withhold some information – which it said was the only other environmental information it held within the scope of the request. The Commissioner’s decision is that Thames Water Ltd is not entitled to rely on Regulation 12(4)(d) of the EIR to withhold the information that it has identified as falling within the scope of the request. She also finds that Thames Water Ltd holds additional environmental information within the scope of the request and therefore failed to comply with its duty under Regulation 5(1) of the EIR. Finally, the Commissioner finds that Thames Water Ltd breached Regulation 5(2) of the EIR as it failed to communicate non-exempt information within 20 working days. The Commissioner requires Thames Water Ltd to take the following steps to ensure compliance with the legislation: disclose, to the complainant, copies of the incorrectly submitted section 104 application and all the emails that were identified in Thames Water Ltd’s correspondence to the Commissioner of 23 December 2021. Thames Water Ltd may make appropriate personal data redactions; Either disclose, to the complainant, a copy of any proof of payment documentation Thames Water Ltd holds or, if and to the extent that the company wishes to withhold that information, issue a refusal notice that complies with Regulation 14 of the EIR.EIR 12(4)(d): Complaint upheld EIR 5(1): Complaint partly upheld EIR 5(2): Complaint upheld
Decision notice: ic-103882