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Department for Environment Food and Rural Affairs
The complainant has requested information about an application for the emergency use of a neonicotinoid seed treatment. The Department for Environment, Food and Rural Affairs (Defra) disclosed relevant information having redacted personal data from it and advised it does not hold some of the requested information. Defra directed the complainant to where other information is published. Defra withheld some of the requested information under EIR regulations 12(4)(e) (internal communications) and 12(5)(e) (commercial interests). Defra subsequently withdrew its application of 12(5)(e) to some of the withheld information but applied regulation 12(5)(a) (public safety) and regulation 12(5)(b) (course of justice) to a small amount of the information. The Commissioner’s decision is as follows: Defra was entitled to apply regulation 12(4)(e) of the EIR to the information in documents F1, F2, F3 and F5. However, the public interest favoured disclosing this information. The F4 document does not engage regulation 12(4)(e). Defra incorrectly applied regulation 12(5)(e) to the name of a potential seed processor in document C2 and C4; citation information in document C5 and D9; and the unpublished product/substance codes in documents D2 and D9. Defra is entitled to withhold the information in document D9 to which it has applied regulation 12(5)(a) and the public interest favours maintaining this exception. Defra is entitled to withhold some of the requested information in documents F1 and F2 under regulation 12(5)(b) and the public interest favours maintaining this exemption. There was no breach of regulation 7(1) or 7(3) in respect of the timeliness of Defra’s response. The Commissioner requires Defra to take the following steps to ensure compliance with the legislation: Disclose the information in the F1, F2, F3 and F5 documents, having redacted the information in F1 and F2 that is excepted under regulation 12(5)(b). Disclose F4 document to which Defra incorrectly applied regulation 12(4)(e), with any personal data redacted. Disclose the name of the potential seed processor in documents C2 and C4 to which Defra incorrectly applied regulation 12(5)(e). If it has not already done so, disclose the citation information that is not personal data and the product/substance codes in documents C5, D2 and D9 to which Defra incorrectly applied regulation 12(5)(e).
EIR 12(5)(a):
Complaint not upheld
EIR 7:
Complaint not upheld
EIR 12(5)(b):
Complaint not upheld
EIR 12(4)(e):
Complaint upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: ic-102916
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-102916.html
