DAERA Fish Kill Protocol Withheld - Internal Review Timeliness Breach
Summary
The ICO issued a decision finding that DAERA was entitled to withhold a fish kill protocol under EIR 12(5)(g) (environmental protection) and EIR 13 (personal data). However, the ICO found that DAERA breached EIR 11(4) by not completing its internal review within the required timeframe. No further steps were required.
What changed
The ICO determined that DAERA was entitled to withhold the requested fish kill protocol under both EIR 12(5)(g) (protection of the environment) and EIR 13 (personal data). However, the ICO found that DAERA failed to complete its internal review within the statutory timeframe as required by EIR 11(4), constituting a breach of the Regulations. The Commissioner did not require further steps from DAERA.
Public authorities subject to EIR obligations should ensure internal review procedures meet statutory timeliness requirements. Even when substantive refusals to disclose information are upheld, procedural breaches of review timelines will be identified by the ICO. Entities handling environmental information requests should review their internal review processes to ensure compliance with EIR 11(4).
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Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Department of Agriculture, Environment and Rural Affairs
- Date 2 April 2026
- Sector Central government
- Decision(s) EIR 11(4): Upheld, EIR 12(5)(g): Not upheld, EIR 13: Not upheld The complainant has requested an unredacted copy of the public authority’s fish kill protocol. The Department of Agriculture, Environment and Rural Affairs (“DAERA”) refused the request on the basis of regulation 13 (personal data) and 12(5)(g) (protection of the environment). The Commissioner’s decision is that DAERA is entitled to withhold the requested information under 12(5)(g) and 13. The timeliness of DAERA’s internal review, however, didn’t comply with regulation 11(4). The Commissioner does not require further steps.
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