In a four part request, the complainant has requested information about wildlife surveys. High Speed Two Limited (HS2 Ltd) advised it does not hold information within scope of parts 1 and 3 of the request and relied on regulation 12(4)(b) of the EIR (manifestly unreasonable request) to refuse to disclose the information requested in parts 2 and 4. HS2 Ltd subsequently advised the Commissioner that, on reconsideration, its position is that parts 1 and 3 of the request also engage regulation 12(4)(b). The Commissioner’s decision is as follows: The complainant’s entire request can be categorised as manifestly unreasonable under regulation 12(4)(b) of the EIR, by virtue of cost, and the public interest favours maintaining this exception. No breach of regulation 9(1) occurred (advice and assistance). The Commissioner does not require HS2 Ltd to take any remedial steps.
EIR 9: Complaint not upheld EIR 12(4)(b): Complaint not upheld
Citations:
[2022] UKICO ic-112051
Links:
Jurisdiction:
England and Wales
Information
Updated: 10 November 2022; Ref: scu.674884