Department for Energy Security & Net Zero

The complainant has requested information comprising a report colloquially entitled “the Arqiva Report”. The request was made to the Department of Business, Energy and Industrial Strategy (“BEIS”). The Commissioner’s decision is that DESNZ is entitled to rely on the exception at regulation 12(5)(e) - confidentiality of commercial or industrial information, to withhold the requested information with the public interest favouring maintaining the exception. However, he finds that the exception at regulation 12(4)(d) – material in the course of completion is not engaged. In regard to regulation 12(3) – third party personal data, the Commissioner accepts DESNZ’s finding that the senior individuals whose names appear in the withheld information would not have an expectation of privacy. He therefore finds that the names should be disclosed. He finds that the email addresses of the same individuals are exempt from disclosure. The Commissioner requires DESNZ to take the following steps to ensure compliance with the legislation.
• Provide the complainant with the senior names contained in the withheld information.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.