Ofgem (Other) [2018] UKICO fer0685316 (10 May 2018)
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Ofgem
The complainant made a request to Ofgem for information regarding its investigation into energy suppliers’ installation of Advanced Meters. Ofgem dealt with the request under the Freedom of Information Act (FOIA) and withheld the information under a number of exemptions under that legislation. The complainant had argued that the request ought to be considered under the EIR and whilst it maintained that FOIA was the correct regime to apply, it said that if the request was considered under the EIR then the information would be withheld under the exceptions in regulations 12(4)(e) (internal communications), 12(5)(b) (the course of justice etc), 12(5)(d) (confidentiality of proceedings), 12(5)(e) (commercial confidentiality) and regulation 13 (personal data). The Commissioner’s decision is that the request is for environmental information and therefore the EIR applies. However, the Commissioner also found that the withheld information is exempt under regulation 12(4)(e) and 12(5)(b) and the public interest in maintaining the exceptions outweighs the public interest in disclosure. For one document the Commissioner found that regulation 13 is engaged. The Commissioner requires no steps to be taken.
EIR 12(5)(b): Complaint not upheld
EIR 13: Complaint not upheld
EIR 12(4)(e): Complaint not upheld
Decision notice: fer0685316
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0685316.html
