Northern Ireland Water

Through an initial twelve part request, and a later, related request, the complainant requested information about Drumbeg Wastewater Treatment Works and a planning proposal. Northern Ireland Water (NIW) addressed the parts of the request, and its position was that some of the requested information is excepted from disclosure under regulations 12(4)(a) and 13 of the EIR. These exceptions concern information that isn’t held and personal data respectively.The complainant focussed their complaint to four concerns, that related to NIW holding further information, the clarity of the information it had provided and its reliance on regulation 13. In the course of the Commissioner’s investigation into those concerns, NIW identified information that appears to be in scope of the later request. It advised that it was prepared to disclose some of this information but that the remainder was excepted from disclosure under regulation 12(5)(c) of the EIR, which concerns intellectual property rights. Finally, NIW withdrew its reliance on regulation 13. The Commissioner’s decision is as follows:NIW has now identified all the information it holds that falls within scope of the requests being considered and, on the balance of probabilities, holds no further relevant information. NIW hasn’t complied with regulations 5(1) and 5(2) of the EIR as it hasn’t made available relevant information it holds within the statutory time frame. NIW incorrectly applied regulation 12(5)(c) to mapping information that it holds. The Commissioner requires NIW to take the following steps to ensure compliance with the legislation.Disclose the information about a member of NIW staff, discussed at paragraph 43 of this notice.Disclose the information in Annex B of NIW’s submission to the Commissioner, with any personal data redacted as appropriate. Disclose the mapping information in Annex C of the above submission, with any personal data redacted as appropriate.