Department for Transport
- Date 4 December 2023
- Sector Central government
- Decision(s) EIR 12.5.c: Upheld, EIR 14: Upheld, EIR 5: Upheld
The complainant has requested information associated with so-called ‘defeat devices.’ The Department for Transport (DfT) provided some information and relied on regulation 12(5)(c) of the EIR (intellectual property rights) and 13 (personal data) to withhold the remaining information. The Commissioner’s decision is that DfT has failed to make the case that regulation 12(5)(c) is engaged. DfT also breached regulations 5(2) and 14(2) of the EIR as it failed to disclose all the environmental information that it held or issue a complete refusal notice within 40 working days. The Commissioner requires DfT to take the following steps to ensure compliance with the legislation. Disclose to the complainant the information being withheld under regulation 12(5)(c) of the EIR. This should include the information discussed at paragraph 12 of this notice which DfT has confirmed it will disclose.