Health and Safety Executive (Other) [2020] UKICO fs50853537 (13 March 2020)
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Health and Safety Executive
The complainant has requested a safety report relating to Redcliffe Bay Petroleum Storage Depot. The Health and Safety Executive (HSE) disclosed some information but withheld other information under the exceptions provided by regulation 13 – personal information, and regulation 12(5)(a) – adverse affect to national security and public safety. The complainant has not challenged the application of regulation 13, which has simply been applied to the names of the individuals who authored the report, or are employees of the company operating the site. The Commissioner finds that the HSE breached regulation 5(2) by failing to respond to the request within the statutory time for compliance. The HSE also breached regulation 11(4) by failing to conclude its internal review within the time allowed. However in respect of the main issue the Commissioner finds that the HSE is entitled to rely on the exception provided by regulation12(5)(a) to withhold the remaining information. The Commissioner does not require the public authority to take any further action in respect of this request. Information Tribunal appeal EA/2020/0120 under appeal.
EIR 11(4):
Complaint upheld
EIR 12(5)(a):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: fs50853537
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fs50853537.html
