The complainant requested copies of the findings of any independent tests commissioned by the public authority to establish if any home networking PLT devices complied with the essential requirements of the Electromagnetic Compatibility Directive (Directive). The public authority confirmed it held a report of an investigation it had conducted under the Directive in relation to Ethernet Power Line Adaptors supplied by a company known as Comtrend. The public authority dealt with the request under the Freedom of Information Act 2000 relying on exemptions at sections 30, 36, and 42 of the Act. During the course of his investigation, the Commissioner found that the Environmental Information Regulations 2004 (EIR) should have been the correct access regime. He therefore invited the public authority to either disclose the report or rely on an appropriate exception(s) under the EIR. The public authority consequently decided to withhold the report on the basis of the exception at regulation 12(5)(b) (course of justice, the ability to receive a fair trial, and the ability of a public authority to conduct a criminal investigation). The Commissioner found that the exception was correctly engaged but ordered the disclosure of the report because in all the circumstances of the case the public interest in maintaining the exception did not outweigh the public interest in disclosure. He therefore requires the withheld information to be disclosed.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.b – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2011] UKICO FS50301488
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 May 2022; Ref: scu.530232
