- Date released
- 5 August 2022
- Request number
-
202207015
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
I am trying to source a copy of the Nuclear Site Licence including the boundary plan for the Heysham site – Licence number 60. Please could you provide me with a copy or advise where I could find it online. I have looked on your website but been unable to source this.
Information released
We confirm that under s.1 of the FOIA, we hold the information relevant to your request. Please find attached the two documents requested:
Exemptions applied
s.24, s.40
PIT (Public Interest Test) if applicable
In the two documents we are releasing, personal data has been redacted. This includes a signature and staff names at EDF. 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.
For the Heysham site plan, 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.
S.24 FOIA – Safeguarding national security
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.