The complainant has requested information about the identities of those who contributed to a specific report and about future research projects. Public Health England refused both requests as vexatious. The Commissioner’s decision is that PHE should have dealt with both requests under the EIR and that it was not entitled to rely on regulation 12(4)(b) to refuse either request. She also finds that PHE failed to respond to either request within 20 working days and failed to provide the complainant with the opportunity to have an internal review of either response. PHE thus breached regulations 5(2) and 11 of the EIR in the way it responded to both requests. The Commissioner requires PHE to take the following steps to ensure compliance with the legislation: issue a fresh response, under the EIR, to both requests, which does not rely on regulation 12(4)(b).
EIR 12(4)(b): Complaint upheld EIR 11: Complaint upheld EIR 5(2): Complaint upheld
Citations:
[2019] UKICO fs50833415
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 November 2022; Ref: scu.643356