EIR2022/00346: Bathymetric surveys
Case reference EIR2022/00346
Published 1 February 2023
Request
Request Received: 20 October 2022
I am writing to request information under the Freedom of Information Act. In order to assist you with this request, I am outlining my query, which concerns bathymetric surveys carried out at Lough Neagh that the department has had any involvement with (through funding or facilitating), as specifically as possible.
My request is as follows. Please provide:
1) The number of bathymetric surveys carried out at Lough Neagh each year between 2014 and the present day (with latest total number for 2022).
2) A copy of each bathymetric survey's results or findings that have been carried out during this time (2014-present day), along with any other relevant documents produced by such exercises.
Response
Response Sent: 17 November 2022
Thank you for your Freedom of Information request for information concerning bathymetric surveys carried out at Lough Neagh. Because your request concerns environmental information we have considered it under the Environmental Information Regulations 2004 (EIRs). In answer to your questions:
The number of bathymetric surveys carried out at Lough Neagh each year between 2014 and the present day (with latest total number for 2022).
BGS holds information in relation to one survey, carried out in 2015.
A copy of each bathymetric survey's results or findings that have been carried out during this time (2014-present day), along with any other relevant documents produced by such exercises.
The report that resulted from this survey is in the public domain and is available on the Northern Ireland Planning Portal https://epicpublic.planningni.gov.uk/publicaccess/
· Search on this number: LA03/2017/0310/F
· Find the entry with this reference number
· Click on the documents tab and the 'view associated documents' link
· Go into 'Impact Assessments and statements'
· Look for: 'Appendix 4.1 Lough_Neagh_Resource_Assessment_Report_FINAL_combined'
Please note that this version of the planning portal is due to be replaced on 5th December https://www.infrastructure-ni.gov.uk/articles/new-planning-portal
The survey was carried out under commercial contract to a third party and the underlying data is owned by that third party. Where the data itself is concerned, regulation 12(5)(e) of the EIRs provides that a public authority may refuse to disclose information to the extent that its disclosure would adversely affect the confidentiality of commercial or industrial information where such confidence is provided by law to protect a legitimate economic interest.
In order for this exception to apply there are a number of conditions that have to be met. We have carefully considered these conditions and they are all engaged:
· Commercial in nature
The Information Commissioner Office (ICO) published guidance on section 12(5(e) sets out that for information to be commercial in nature it will need to relate to a commercial activity. The data held is commercial in nature, for example the lough bed surface model and the raw data held are directly required for the commercial extraction of sand from the lough. This is a commercial activity in a highly competitive market. The commercially sensitive information held by BGS as a result of the private commercial contract with the third party is a key part of the commercial activities of that party and this data is obtained at a significant cost to them.
- Confidentiality provided by law
We believe that the information held is protected both by a contractual and a common law duty of confidence. The information requested is not trivial and the data is not in the public domain. The information is held by BGS as a result of a private commercial contract with the data owners and is shared with a very limited number of people in BGS. It has the necessary quality of confidence.
- Legitimate commercial interests
If the information is disclosed, it will have a detrimental impact on the commercial interests of the data owners. Disclosure of the information would allow a competitor to have direct access to the Lough bed model and raw data which would undermine the data owner's commercial activities and allow their competitors to understand their pricing, models and other key aspects of their business operations. This information is confidential and to disclose it would allow a competitor to gain a commercial advantage at the data owner's expense, ultimately harming the effective operation of the market.
Disclosure would impact the data owner's commercial position. We also consider that releasing the data would also impact on the ability of BGS to work with other commercial partners in the future, as other companies would be reticent to enter into such commercial contracts with BGS if commercially sensitive and confidential information is not protected from release.
We have therefore found that the exception 12(5)(e) applies in this case.
We have given consideration to the public interest in disclosing the information and have taken account of a presumption in favour of disclosure which is required by regulation 12(2). In favour of release, it is recognised that giving the public access to environmental information can encourage greater awareness of issues that affect the environment. Greater awareness helps to increase public participation in decision-making; it makes public bodies more accountable and transparent and it builds public confidence and trust in them. There is however also a public interest in ensuring that industries are able to operate fairly in a competitive market and in maintaining the trust they have in public bodies such as BGS who are contracted to work for them, by holding their sensitive commercial data confidentially: as stated above, we believe both would be negatively impacted by disclosing this information. We are satisfied that the public interest is met by the information which is already in the public domain and have described the specific, negative impacts resulting from disclosure of the underlying data. Therefore, on considering the arguments in favour and against, we find that the public interest in maintaining the exception in relation to that underlying data outweighs the public interest in disclosure.
Documents
This is UK Research and Innovation's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
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