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You are here: BAILII >> Databases >> Information Commissioner's Office >> Animal Health and Veterinary Laboratories Agency (Decision Notice) [2012] UKICO FS50409905 (08 October 2012) URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50409905.html Cite as: [2012] UKICO FS50409905 |
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Summary: The complainant has requested the disclosure of the Animal Health Operation Manual (the -manual-). The Animal Health Veterinary Laboratories Agency (the -AHVLA-) confirmed it held the relevant information but refused the request under regulation 12(4)(c), -request formulated in too general a manner- and 12(4)(b) as manifestly unreasonable-. It also claimed that even if these exceptions did not apply disclosure of the manual would result in the release of internal communications (regulation 12(4)(e)). The Commissioner-s decision is that the AHVLA has incorrectly applied the provisions of regulation 12(4)(c) and 12(4)(b) to the complainant-s request and, by its refusal of the request, has not dealt with the request in accordance with the requirements of the EIR. He has not at this stage considered the application of regulation 12(4)(e). This is in order to allow the AHVLA the right to appeal against his decision on its primary case that the request is for too large a volume of information for it to be expected to answer. The Commissioner requires the public authority respond to the request in compliance with the requirements of regulation 5(1) of the Environmental Information Regulations 2004, by either providing the information or issuing a refusal notice relying upon provisions other than regulation 12(4)(b) or 12(4)(c). Should the AHVLA, upon considering the information in detail, find that any of it is not environmental information as defined by regulation 2(1) then it should either provide that information or issue a refusal notice relying upon a provision of FOIA, in accordance with the requirements of section 17 of FOIA.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Upheld, EIR 12.4.c - Complaint Upheld
