Environment Agency

The complainant has requested a variety of data related to ethnicity and disabilities. The Environment Agency refused part of the request because it estimated that the cost of complying would exceed the appropriate limit. In relation to the remainder of the request, it provided some data but also withheld some, which it believed would reveal personal data contrary to GDPR. The Commissioner’s decision is that the EA has correctly relied on section 12 to refuse the part of the request that it has done. However, she also finds that it failed to comply with its duty, under section 16 of the FOIA, to provide reasonable advice and assistance to help the complainant refine his request. It was entitled to rely on section 40(2) of the FOIA to withhold some of the information but has applied this incorrectly to some of the information. Finally, she finds that the EA failed to identify all the information it held within the scope of the request and failed to issue a refusal notice relying on section 12 of the FOIA within the 20 working day deadline. She therefore finds that the EA breached sections 10 and 17(5) of the FOIA respectively. The Commissioner requires the EA to take the following steps to ensure compliance with the legislation: provide, to the complainant, the information it has withheld in respect of questions [1], [10] and [14].