Severn Trent Water Limited

The complainant has requested Severn Trent Water (STW) to disclose information relating to water contamination in their area and the installation of a water meter. STW disclosed what it holds but cited regulation 12(4)(a) (information not held) of the EIR for the majority of the request. For one question, it stated that it was not a request for environmental information, outside the scope of the EIR and therefore their obligations. The complainant disputed that STW had provided all the recorded information it holds. The Commissioner’s decision is that where 12(4)(a) of the EIR has been cited, this was correct and either STW did not hold any information or has already provided what it holds. This is however with the exception of question five of the request. For question five, the Commissioner has decided that, to the extent any information is held and it is not the applicant’s personal data (as this is outside the scope of the EIR, as defined in regulation 5(3)), it is environmental information and  therefore STW should respond to this question in accordance with its obligations under the EIR. In terms of procedural breaches, he has found STW in breach of regulation 5 and 11(2) of the EIR. The Commissioner requires STW to identify the environmental information that falls within the scope of question five of the request and either disclose it or issue a refusal notice under regulation 14 in accordance with its obligations under the EIR. In accordance with regulation 5(3) such information will not include any information, if held, which is the personal data of the complainant.