Derek Mcpherson and Scottish Water: SIC 2 Apr 2012

ICO Works at a specified location – Mr McPherson requested from Scottish Water information related to works undertaken at a specified location between particular dates. Scottish Water responded by providing information in response to certain of his requests and advising that it did not hold certain other information. Information was also withheld under section 35(1)(c) of FOISA, which relates to law enforcement. Following a review, as a result of which Scottish Water provided further information and advised that it no longer sought to withhold information, Mr McPherson remained dissatisfied (believing that Scottish Water held further information) and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that Scottish Water had failed to identify, locate and provide all relevant information it held in dealing with Mr McPherson’s requests. However, she accepted that Scottish Water had taken adequate steps to do this by the end of the investigation.
She also found that Scottish Water had failed to identify certain information as environmental information and deal with it accordingly under the EIRs, and that it had failed to respond to Mr McPherson’s requests within the required timescale.

Judges:

Works at a specified location

Citations:

[2012] ScotIC 057 – 2012)

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 22 October 2022; Ref: scu.457800