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Decision Summary

  • Case Ref: FS50104506
  • Date: 29 January 2007
  • Public Authority: Rural Payments Agency
  • Summary: The complainant requested information relating to three land parcels from the public authority. The Commissioner has determined that the requested information constitutes environmental information. Therefore the requests should have been processed in accordance with the Environmental Information Regulations 2004 (‘the EIR’). The public authority did not consider the request under the EIR. It also initially refused to provide some of the requested information on the basis that it was personal data. When refusing access to the material the public authority did not issue a refusal notice which met with the requirements of Regulation 14. However following an internal review the public authority supplied the complainant with the information requested. The Commissioner is satisfied that the requested information has now been supplied to the complainant and therefore he has not specified any steps in this regard. The complainant did not consider the information supplied to him following the internal review was that which he had requested. Following the Commissioner’s intervention, the public authority identified the areas that were actually of interest to the complainant. It then supplied further material to the complainant. The Commissioner is satisfied that the public authority has complied with the complainant’s clarified request. In its initial refusal the public authority also explained that information on land parcel TA0436 9589 was not held. The Refusal Notice did not meet the requirements of Regulation 14. The complainant disputed the public authority’s assertion because he considered that it was under a legal obligation to map the land in question. The Commissioner has investigated the complainant’s assertion that further information is held regarding land parcel TA0436 9589. He is satisfied that the public authority does not hold any further information relevant to the request. He has not ordered any steps in relation to this part of the request. This decision is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]