Health and Safety Executive
- Date 10 September 2024
- Sector Other
- Decision(s) EIR 11.4: Upheld, EIR 12.5.c: Not upheld, EIR 14(2): Upheld, EIR 5.2: Upheld
The complainant has requested HSE to provide a list of all applications for PT1 Derogation under the UK Biocidal Products Regulation Article (BPR) 55 for the period 1st January 2020 to 31st December 2022. HSE disclosed some information but withheld the remainder, citing section 43 of FOIA. During the Commissioner’s investigation HSE accepted that the request should have been considered under the EIR. It issued a revised response to the complainant and disclosed some further information. For the remaining withheld information, HSE cited regulation 12(5)(c) of the EIR. The Commissioner’s decision is that HSE is not entitled to rely on regulation 12(5)(c) of the EIR. He has also found HSE in breach of regulations 5(2), 11(4) and 14(2) of the EIR. The Commissioner requires HSE to disclose the remaining withheld information to the complainant.