Health and Safety Executive

The complainant has requested information relating to an incident report held by the Health and Safety Executive (HSE). The HSE relied on sections 30(1) (investigations and proceedings conducted by public authorities) and 40(2) (third party personal data) of the FOIA to withhold the requested information. The Commissioner’s decision is that the HSE is entitled to rely on section 40(2) of the FOIA to withhold the third party personal data contained within the withheld information. The Commissioner has also decided that the remaining withheld information is exempt from disclosure under section 30(1) of the FOIA, and that the public interest favours maintaining the exemption. However, the Commissioner has recorded a procedural breach of section 17 of the FOIA, as the HSE failed to issue the complainant with a refusal notice within the statutory time limits. The Commissioner does not require any steps to be taken as a result of the decision notice.