- Date released
- 16 September 2022
- Request number
-
202207020
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
- Investigation Report B314 Scaffold Fall
- ONR-EL-21-001 Enforcement Letter to Sellafield – SEL77765R
- Sellafield response to EL-21-001
- Enforcement Decision Record ONR-EDR-21-036 - Sellafield Ltd: B314 Steps fall
- Enforcement Letter to Sellafield ONR-EL-21-029 – SEL77781R
- Enforcement Decision Record No ONR-EDR-21-037 - Enigma Industrial Services Ltd: B314 Steps fall
- Enforcement Letter to Enigma ISL – SDFW90012R ONR-EL-21-029
- PowerPoint slides of photographs of B314 Welfare Dome steps
- 20-NWIND-047-01A Design Risk Assessment 13-05-2021
- 20-NWIND-047-01A Drawing – 13-05-2021
- 20-NWIND-047-01B Design Risk Assessment 13-05-2021
- 20-NWIND-047-01B Drawing – 13-05-2021
- App 2 Design Drawing.
Information released
We confirm that under s.1 of the FOIA, we hold the information relevant to your request. Please find attached 13 documents.
Exemptions applied
s.24 and s.40
PIT (Public Interest Test) if applicable
In the documents we are releasing, personal data has been redacted. This includes signatures, staff names and addresses. Release of this type of information could identify an individual directly. Therefore the personal data has been withheld using the exemption Section 40(2) of the FOIA.
In particular, release of the information would breach principle (a) of GDPR (lawfulness, fairness and transparency) on the grounds that there is no lawful basis to process this data. In addition, releasing this personal data would also breach principle (b) of GDPR (purpose limitation) as the data was provided as part of their work.
Some information is being withheld under s.24 as it includes building numbers that could identify the location of sensitive assets on site, where if compromised, could impact nuclear security. This exemption applies where withholding the information requested is required for the purposes of safeguarding national security. It works to protect national security, which includes protection of potential targets. It allows a public authority not to disclose information if it considers releasing the information would make the UK or its citizens more vulnerable to a national security threat.
As this is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:
Factors for disclosure
ONR is committed to being an open and transparent regulator. We will use openness and transparency to achieve our objective of developing and maintaining stakeholder trust in ONR as an effective independent regulator.
Issues related to the nuclear industry are subject to close scrutiny and debate, there is a public interest in information related to nuclear activities and the release of such information.
Factors against disclosure
There is a strong public interest in safeguarding national security. Disclosure of building numbers on site may compromise national security by revealing locations and building information to individuals who may be involved in terrorism, and may assist them in carrying out threats or attacks against ONR’s dutyholders and the nuclear industry.
Adversaries or hostile actors can be highly motivated and may go to great lengths to gather separate pieces of intelligence to attempt to expose vulnerabilities.
ICO guidance for s.24 (1) makes it clear that there need be no evidence that an attack is imminent for this exemption to be applied.
Conclusion
After careful consideration of the factors set out above, ONR has concluded that the information should be withheld. On balance, the interests of national security outweigh the need for openness in terms of the specific information that you have requested. There is a strong public interest in safeguarding national security. Therefore, it is our judgement that publication of the information requested would not be in the public interest.