EIR2023/00090: Nottingham caves GIS layer
Case reference EIR2023/00090
Published 20 March 2023
Request
Request Received: 21 February 2023
I recently requested a copy of the Nottingham Caves shapes and accompanying descriptive text from Nottingham City Council. You can read my request and their refusal here:
https://www.whatdotheyknow.com/request/nottingham_caves_gis_layer
In essence it was refused because the data is not theirs to release. Copyright is owned by NERC/BGS.
I'd like to make the same request to yourselves then please. Could you please release the dataset containing shapefiles and descriptive text for Nottingham's cave network?
Alternatively - if you would like, you could give Nottingham City Council permission to do the same and they would be able to release it on their online GIS tool "Insight Mapping" which would be more usable for more people and therefore preferable.
Response
Response Sent: 20 March 2023
Our ref: IDA 291283
Thank you for your request made under the Freedom of Information Act 2000 (FOI). The data you have requested is the Nottingham Caves shapefiles and accompanying descriptive text with an alternative request that we give Nottingham City Council permission to release the data that contains our IPR. This request concerns environmental information and therefore it has been considered under the terms of the Environmental Information Regulations 2004 'EIR', rather than FOI.
The purpose of the Environmental Information Regulations is to contribute to a better environment. We have considered the purpose of documenting the caves and maintaining the dataset, which is primarily to protect their historic and archaeological value. EIR exception 12(5)(g) 'The protection of the environment to which the information relates', is in place to ensure that releasing environmental data will not adversely affect the environment to which it relates (in this case, the caves). BGS believes that should the Nottingham Caves data be put into the public domain, it is more likely than not that it would be used by some groups and individuals to force entry and trespass in the caves, with harm coming to the caves as a direct result of this.
There is evidence that this is a frequent occurrence where caves can be located (for example Nottingham City Council has informed us of 14 incidents of break-in, in one cave, including as recently as 12th March 2023), and that the data that is already in the public domain is actively used to assist in locating the caves to be broken into. For example: https://www.youtube.com/watch?v=XtQ68tRFAE8. This is one of many Youtube examples (including several uploaded in the past few weeks) that demonstrate the high likelihood that the data would be used to assist in trespass. Further to trespassing, some of the caves have entrances to shops and private dwellings and there is therefore a security risk to those properties.
While the data that is currently in the public domain on Nottingham City Council's viewer shows the locations of some caves, the Nottingham Caves data that BGS holds contains more detailed information including access points, which would make it easier for trespassers to break into these caves; and details of additional caves.
For exception 12(5)(g) to apply in this case, there must be some harm that could come to the caves environment. Nottingham City Council holds evidence of damage to the caves in relation to the trespass including graffiti, smashed brick walls (those walls constituting historic evidence of the caves' use as an air raid shelter) and damage to other historical fixtures and fittings, as well as the changing of locks by trespassers. We are therefore satisfied that Exception 12(5)(g) applies to this data request.
BGS is also concerned that releasing the data would result in a risk to public safety. The caves are confined spaces and many of them have been used as dumping grounds and contain hazardous materials such as asbestos, broken glass, rusty metal and debris from building works. In illegally entering caves, trespassers have sometimes entered via manholes and other small openings which can be dangerous. Some caves are labyrinths, with undulating ground levels and steps which we believe pose an injury risk; some are less stable and could collapse. Blood on tissues and rags found in caves that have been broken into provide evidence of injury. When illegal access takes place, those responsible often leave doors unsecured which could lead to members of the public entering the caves. These individuals are then also at risk of injury. For this reason, exception 12(5)(a) 'Public safety' also applies.
In applying these two exceptions, we must consider the public interest test and weigh up the public interest in releasing the information against the public interest in withholding it, combined with the harm that could be caused by its release. In favour of release is the presumption that there is always a public interest in transparency. It is also acknowledged that the caves are of local historical interest and data on them could be used to inform and educate the public. On the other side, BGS recognises that when trespassers break into the caves, cause damage, change locks and appropriate the caves these actions not only have the potential to damage the caves environment and present a public safety risk, they also require the Council to divert public funds to protect and re-secure the caves and liaise with the police. These factors are clearly not in the public interest and in our opinion outweigh the arguments in favour of release. On balance, BGS believes that the public interest is better served by withholding the data than by releasing it.
If you have any queries regarding our response or you are unhappy with the outcome of your request and wish to seek an internal review of the decision, please contact:
Head of Information Governance
Email: foi@ukri.org or infogovernance@ukri.org
Please quote the reference number above in any future communications.
If you are still not content with the outcome of the internal review, you may apply to refer the matter to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the review procedure provided by UKRI. The Information Commissioner can be contacted at: http://www.ico.gov.uk/
If you wish to raise a complaint regarding the service you have received or the conduct of any UKRI staff in relation to your request, please see UKRI's complaints policy: https://www.ukri.org/about-us/policies-and-standards/complaints-policy/
Kind regards
BGS Enquiries Service
Documents
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