DAERA Decision on Freedom of Information and Data Protection Complaints

ICO Decision Notices

Filed March 17th, 2026

Detected March 24th, 2026

Summary

The ICO has issued a decision regarding complaints against the Department of Agriculture, Environment and Rural Affairs (DAERA) concerning freedom of information and data protection. DAERA was found to have breached EIR regulation 11(4) by failing to provide an internal review outcome within 40 working days, but was entitled to withhold certain commercial information.

View original document View source feed page

What changed

The Information Commissioner's Office (ICO) has ruled on complaints against the Department of Agriculture, Environment and Rural Affairs (DAERA) concerning requests for information related to waste site inspections, specifically concerning Re-Gen Waste Management. The ICO found that DAERA was justified in withholding certain commercial information under regulation 12(5)(e) of the Environmental Information Regulations (EIR) and that its response to item 5 of the request was not evasive. However, the ICO determined that DAERA breached regulation 11(4) of the EIR by failing to provide the outcome of its internal review within the stipulated 40 working days.

While no specific remedial steps are required from DAERA, this decision highlights the importance of adhering to internal review timelines under the EIR. Compliance officers within government agencies should ensure their processes for handling freedom of information requests and internal reviews are robust and meet statutory deadlines to avoid breaches. The decision also reinforces the conditions under which commercial confidentiality can be legitimately invoked to withhold information.

What to do next

Ensure internal review timelines for EIR requests meet the 40 working day statutory limit.

Source document (simplified)

Department of Agriculture, Environment and Rural Affairs

Date 17 March 2026
Sector Central government
Decision(s) EIR 11(4): Upheld, EIR 12(5)(e): Not upheld, EIR 5: Not upheld The complainant requested various information in respect of the inspection of waste sites or facilities and in particular, in relation to Re-Gen Waste Management. The Department of Agriculture, Environment and Rural Affairs (DAERA) provided some information, but withheld other information on the basis of regulation 12(5)(e) (confidentiality of commercial information) of the EIR. The complainant also expressed concern that its response in respect of item 5 of their request was evasive and incomplete. The Commissioner’s decision is that DAERA was entitled to refuse the withheld information by virtue of regulation 12(5)(e) of the EIR and that based on the balance of probabilities, it has complied with its obligations to provide all information it holds relevant to item 5 of the request. The Commissioner also finds that DAERA breached regulation 11(4) (Representations and Reconsideration) of the EIR by failing to provide the outcome of its internal review within 40 working days. The Commissioner does not require any steps.