Health and Safety Executive

The complainant has requested a copy of a witness statement from the Health and Safety Executive (HSE).  The HSE says it does not hold this information. The Commissioner’s decision is as follows: The HSE was entitled to refuse to disclose the requested information as it did not hold the information when it received the complainant’s request.  As such, the HSE complied with regulation 12(4)(a) of the EIR. The Commissioner does not require the HSE to take any steps to ensure compliance with the legislation.