Thames Water Utilities Ltd (Other) [2022] UKICO ic-105869 (3 February 2022)
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Thames Water Utilities Ltd
The complainant has requested copies of correspondence from Thames Water Utilities Ltd (Thames Water) relating to a particular planning application. Thames Water initially refused to provide the information it held, citing regulation 12(5)(e) – commercial confidentiality. After the Commissioner had begun his investigation, Thames Water withdrew its reliance on that exception and relied instead upon regulation 12(4)(d). That too was later withdrawn in favour of regulation 12(5)(f) – interests of the information provider. It also cited regulation 13 concerning third party personal data it had withheld. Some information was disclosed over the course of the investigation when it was located by Thames Water. The Commissioner has also considered whether Thames Water holds any further information. The Commissioner’s decision is that Thames Water cited regulation 12(5)(f) inappropriately and that the exception is not engaged. He has decided that Thames Water has cited regulation 13 inappropriately concerning the majority of the personal data it sought to withhold. He has also concluded that, on the balance of probability, Thames Water does not hold any further recorded information within the scope of the request. The Commissioner finds that Thames Water did not comply with its obligation under regulation 5(2)(time limits for compliance) of the EIR as it did not provide the additional information to the complainant within the statutory time limit of 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. • Disclose the whole pre-planning enquiry application form, dated 18 March 2020, with appropriate redaction for personal contact details only. • Disclose the whole Thames Water advice following the pre-planning, dated 15 May 2020, with appropriate redaction for any personal contact details of the Thames Water employee. • Disclose the whole of the Notice of Consent (7 July 2020) with the exception of the signature at the end. • Disclose the redacted name on the 106 application but not the personal telephone number and signature. • Disclose the redacted name of the individual on the letter above the 20 May 2020 email. Disclose the name and job role of the employee of Thames Water in the same letter. • Disclose the 20 May 2020 email but redact the personal email address and telephone number of the individual who sent the email.
EIR 13:
Complaint partly upheld
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(f):
Complaint upheld
Decision notice: ic-105869
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