Southern Water

The complainant has requested information about wastewater and sewage spills. The above public authority relied on regulation 12(4)(e) – internal communications – and regulation 12(5)(d) of the EIR – confidentiality of proceedings – to withhold the information. The Commissioner’s decision is that none of the information falling within scope engages regulation 12(5)(d) and a small portion does not engage regulation 12(4)(e) either. The remainder does engage regulation 12(4)(e), but the balance of the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose, to the complainant, the information identified in Confidential Annex A. Appropriate redactions may be made to protect personal data. Information Tribunal EA/2022/0453 under appeal.