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You are here: BAILII >> Databases >> Information Commissioner's Office >> Animal Health and Veterinary Laboratories Agency (Decision Notice) [2011] UKICO FS50386491 (18 October 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50386491.html Cite as: [2011] UKICO FS50386491 |
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Summary: The complainant submitted two requests to the AHVLA both of which sought information about compliance checks for farms under tuberculosis (TB) restrictions. In response to these requests the AHVLA provided the complainant with some information and relied on section 12 of the FOIA to refuse to provide any further information. The Commissioner-™s decision is that the information requested is -˜environmental information-™ as defined by the EIR and therefore AHVLA should have considered these requests under that access regime rather than under the FOIA. The Commissioner requires the AHVLA to take the following steps to ensure compliance with the legislation: reconsider both of the complainant-™s requests -“ the first dated 15 December 2010 and the second dated 14 January 2011 -“ under the EIR. The AHVLA needs to provide the complainant with the information requested under both of these requests. If the AHVLA considers any of the requested information to be exempt from disclosure under the EIR then it should issue separate refusal notices for each request which comply with the requirements of regulation 14 of the EIR.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld
