Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Environment Food and Rural Affairs (Central government) [2023] UKICO 218812 (26 May 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/218812.html
Cite as: [2023] UKICO 218812

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Department for Environment Food and Rural Affairs

The applicant requested information about air quality targets. Defra directed the applicant to some relevant information that is already in the public domain. Defra advised that it did not hold some of the information and so regulation 12(4)(a) of the EIR was engaged in respect of that information. Defra subsequently identified one piece of relevant information that it did hold and which it disclosed. Defra had also originally refused to disclose some information under regulation 12(4)(e), which concerns internal communications. However, due to the passage of time that information was subsequently published. The Commissioner’s decision is as follows:Defra correctly applied regulation 12(4)(a) of the EIR to the parts of the request to which it had applied this exception because, on the balance of probabilities, it does not hold that information or any further relevant information. Defra breached regulation 5(2) of the EIR in respect of some of the information it disclosed. This is because it did not make this information available within 20 working days of the request. Defra failed to offer adequate advice and assistance and breached regulation 9(1) of the EIR. It is not necessary for Defra to take any corrective steps.

EIR 12(4)(a): Complaint not upheld

Decision notice: 218812