17 July 2019
Dear Sir, Re: NIRS incidents at Smethwick Hall Park West Midlands
Thank you for your request received on 16 July 2019 for the following NIRS forms:
401674, 1085293, 1413658, 399837, 1672260 and 1705882
We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.
I enclose the NIRS forms as detailed above. Please refer to Open Government
which explains the permitted use of this information. Information Withheld
We have redacted the names of identifiable living individuals (not including
Environment Agency staff) from the NIRS, as we are unable to provide you with
information which would identify those people. In this respect we have removed all
names as we have taken the view that the information is being released to the world
As a public body we are required under the Freedom of Information
Act/Environmental Information Regulations to give reasons for this refusal. We also
need to show that we have considered the Public Interest balance between refusal
and disclosure. However, there is no requirement to conduct a public interest test
where the refusal relates to the exception for personal data.
The Environment Agency is not able to disclose details of identifiable living
individuals (not including Environment Agency staff) as this is personal data under
the Data Protection Act 2018 (DPA 2018) and to disclose it would breach the First
Data Protection Principle of the DPA 2018.
The information requested is therefore exempt due to Regulation 13(1) of the
Environmental Information Regulations 2004, which explains that:
Environment Agency, 9 Wellington Crescent, Fradley Park, Lichfield, Staffs. WS13 8RR
Customer services line: 03708 506 506
Email: email@example.com www.gov.uk/environment-agency
“To the extent that the information requested includes personal data of which the
applicant is not the data subject, a public authority must not disclose the personal
(a) the first condition is satisfied…”
The ‘first condition’ referred to above is further explained in Regulation 13(2A):
“The first condition is that the disclosure of the information to a member of the public
otherwise than under these Regulations—
(a) would contravene any of the data protection principles…”
We need to be fair to individuals when we collect, hold and use their personal data.
In this case it would be unfair to disclose information that would identify individuals
who have made reports to us, or who are employed in other organisations as they
will have their own data protection policies.
If you are not satisfied you can contact us within 2 calendar months to ask for our
decision to be reviewed. We shall review our response to your request and give you
our decision in writing within 40 working days.
If you are still not satisfied following this, you can raise a concern with the Information
Commissioner, who is the statutory regulator for Freedom of Information and the
Environmental Information Regulations. The contact details are:
Information Commissioner’s Office
Tel: 0303 123 1113
Please get in touch if you have any further queries or contact us within two months if
you’d like us to review the information we have sent.
Customers & Engagement Team
West Midlands Area
For further information please contact the Customers & Engagement team on
Tel. 02084 747856
Direct e-mail:- firstname.lastname@example.org
Enc: NIRS 401674, 1085293, 1413658, 399837, 1672260 and 1705882