Our ref: RFI 3734
Mr Peter Ives
by email only:
Dear Mr Ives, Access to Information Request – Partial release – Request No RFI 3734
Thank you for your request for information about the GCN mitigation licence Ref: 2014-3282-EPS-MIT,
which we received on 06/01/2017. Your request has been carefully considered under the Environmental
Information Regulations 2004.
A copy of the information is enclosed as follows:
- Licence Document (2014-3282-EPS-MIT)
- Licence Annex
- Method Statement
- Work Schedule
For your information any disclosure made under the Regulations is in effect a disclosure to the world at
large, as any other applicant would be entitled to the same information on request. As such we take this
into consideration when making decisions as to whether it is in the public interest to disclose or withhold
Some of the information you requested is being withheld as they engage Regulation 12(3) of the
Environmental Information Regulations 2004 which relates to personal information. Regulation 12(3) – Personal Information
The names, signatures and contact details of private individuals are considered by Natural England to be
personal information as defined by the Data Protection Act 1998.
The First Data Protection Principle says that personal data ‘shall be processed fairly and lawfully’.
Guidance published by the Information Commissioner, 'Personal information (section 40 and regulation
13)', states that when considering fairness in relation to disclosing personal information under FOIA [and
EIR] it wil usually mean considering:
whether the information is sensitive personal data;
the possible consequences of disclosure on the individual;
the reasonable expectations of the individual, taking into account: their expectations both at the time
the information was collected and at the time of the request; the nature of the information itself; the
circumstances in which the information was obtained; whether the information has been or remains in
the public domain; and the FOIA [and EIR] principles of transparency and accountability; and
any legitimate interests in the public having access to the information and the balance between these
and the rights and freedoms of the individuals who are the data subjects.
When names and contact details are collected from individuals by Natural England we do not inform them
that the information will remain confidential or that it may be released, however, we believe that there is an
expectation of confidentiality.
The release of names or contact details and any subsequent contact may cause unnecessary or unjustified
distress or damage to the individuals if released, and they have a reasonable expectation of confidence.
Natural England is therefore satisfied that the information requested fits the definition of personal data and
that its release would be ‘unfair’ under the meaning of the first Data Protection Principle and should not be
Please note that the information we have supplied to you is subject to copyright protection under the
Copyright Designs and Patents Act 1988. You may re-use this information (not including logos) free of
charge in any format or medium, for the purposes of research for non-commercial purposes, private study,
criticism, review and news reporting. You must re-use it accurately and not in a misleading context. The
material must be acknowledged as Natural England copyright and you must give the title of the source
document/publication. However, if you wish to re-use all or part of this information for commercial purposes,
including publishing and the information is not covered by the Open Government Licence
you wil need to
apply for a licence. Applications can be sent to Enquiry Service, Natural England, Worcester County Hall,
Spetchley Road, WORCESTER, WR5 2NP.
This information may also contain third party copyrighted material and you will need to obtain permission
from the copyright holders concerned before you re-use it.
If you have any queries about this letter, please contact the Wildlife Team. As you may be aware, under the
legislation should you have any concerns with the service you have received in relation to your request and
wish to make a complaint or request a review of our decision, please contact the Wildlife Team by post at
the address provided on this letter or email firstname.lastname@example.org
and we will arrange a Wildlife
Officer to contact you.
Under Regulation 11(2) this needs to be done no later than 40 working days after the date of this letter.
If you are not content with the outcome of your complaint, you may apply directly to the Information
Commissioner for a decision. Generally, the Commissioner cannot make a decision unless you have
exhausted the complaints procedure provided by Natural England. The Information Commissioner can be
contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF. Telephone: 01625 545 700, www.ico.gov.uk.
If you have any queries about this letter, please contact me.
Natural England Bristol