The EIR is a similar set of rights to those we have under Freedom of Information, but specifically give access to environmental information held by public authorities.

Those who remember reading about the sewagemaps project in our blog post of last April will recall that the discharge of sewage falls firmly under the category of environmental information — and may be interested to see an update from the Information Commissioner’s Office (ICO) celebrating an increased an “open by default” culture from the nation’s water companies:

“All of the water companies we wrote to have now committed to proactively publishing information relating to start and stop times of sewage discharges.”

This follows an intervention to water companies from the ICO, reflecting the national mood around sewage discharges, and is a good example of how their regulatory powers can be applied. 

“All water companies across the UK have a legal obligation to make information about the environment available under the EIR and are required to both respond to requests for environmental information and to make information available proactively.”

That initial ICO post explained that they had issued six water companies with decision notices requiring them to disclose the start and stop time of sewage discharges, and contacted all 12 CEOs of companies responsible for sewage services to “clearly set out our expectations that [discharge data] should be made available to the public.”

Our own blog post on the sewagemaps.co.uk project has been one of our most read and discussed this year, so we know it’s a topic our followers feel passionate about — a sentiment that’s in line with the nation as a whole. So we were keen to know more, and Deborah Clark at the ICO was happy to oblige.

What was the catalyst for this activity around sewage discharges?

“It was sparked by an increase in complaints we received about water companies and a series of decision notices we issued requiring disclosure of the start and stop time of discharges. This May 2024 document was the first of many decisions where we made our position clear that such information needed to be disclosed.”

Warren Seddon, Director of FOI at the ICO, described the steps you had to take in respect to one particular noncompliant water company — what did that entail?

“We specifically directed United Utilities to proactively publish frequently requested information, which includes historic data on sewage discharges, and to include it in its disclosure log. This was the first Practice Recommendation we have issued under the Code of Practice issued under regulation 16 of the EIR.”

And he also mentioned that you’re working with reluctant companies to show them how to achieve best practice in data publication.

“Yes — we asked the other water and sewage companies to publish the data in the interests of transparency. Here’s the relevant extract from the letters we sent:

In addition to providing timely and appropriate responses to requests for such environmental information, I strongly encourage you to proactively disclose appropriate information relating to sewage discharges on a regular, monthly basis. This proactive and timely publication of the information would not only provide this important information to the public more quickly and easily, but would also be more cost effective and efficient than dealing with the alternative of numerous responses to individual requests for the information.

How much power does the ICO have in this regard?

“This positive change was achieved through engagement rather than formal and specific regulatory action. Water companies are not required by law to publish monthly data.

“We are currently looking at what regulatory activity we can do to better support proactive disclosure provision at Regulation 4 of EIR [“The EIR require authorities to proactively make environmental information that they hold available to the public by electronic means”], but this work is at an early stage — so watch this space.”

Do you have any further advice for people who are frustrated by the sewage discharges they’re seeing in local rivers and beaches? What can they do, or should they be hopeful for change in the future as a result of this increased transparency from the water companies?

“Water companies are a lot more transparent now than they were a few years ago. We will continue to take an interest in this space and we’re involved in an EIR forum for water companies where we encourage proactive publication so this increased transparency should continue. 

“At the ICO we’re concerned only with information rights, so that’s where we’re able to give advice; as a start, where possible check publication schemes and disclosure logs for relevant published information before making a request.”

Thanks very much to Deborah for taking the time to talk to us. If you’re interested in obtaining environmental information from public bodies, you should know that you can submit EIRs as well as FOI requests on WhatDoTheyKnow – there’s more about that here.

 —

Image: Mark McNeill

Recently the discharge of untreated sewage into the sea and rivers has been in the news in the UK. This prompted us to update and expand our coverage of organisations responsible for such activities on our access to information website WhatDoTheyKnow.com.

Since a ruling in 2015 all organisations which provide certain water and sewage related services have been considered public bodies for the purposes of the Environmental Information Regulations; this means everyone has a right to the environmental information they hold.  Even private water and sewage companies can be considered public bodies under the regulations.

We often describe WhatDoTheyKnow.com as a Freedom of Information website, but it can be used to obtain public information under a range of access to information legislation, not just the UK and Scotland’s Freedom of Information Acts. So if you want environmental information about sewage we’d love to see you requesting it, in public, via WhatDoTheyKnow.

We’ve listed water companies on WhatDoTheyKnow for some time, and we have now specifically collected those responsible for sewers into their own category. This will hopefully assist people considering making a request for information and help ensure requests are directed to appropriate organisations.

We’ve also generally improved our categorisation of water companies and have made a specific list of general regional water suppliers available.

We’re always keen to see requests made in a responsible manner. Anyone considering making a request for information should check relevant bodies’ websites for the information they are seeking  before making a request. Some organisations publish some information about releases of untreated raw sewage, and information about their plans to monitor, and reduce, such occurrences.  Where information is collated by a central body, requesting it once, from that body, is more efficient than requesting it from many bodies. The Environment Agency for example collates and publishes some data on storm overflows centrally.

We list the Environment Agency, the Department for Environment, Food and Rural Affairs, Highways bodies (which are responsible for surface drainage from roads), and many other relevant bodies on WhatDoTheyKnow.

Before making your own requests it’s a good idea to look at work which has already been done by others to collate, present and share information: for example the Rivers Trust have published a map of where the sewerage network discharges treated effluent and overflows of untreated effluent and storm water into rivers in England & Wales.

The current interest in this subject in the UK has focused on MPs’ consideration of the Environment Bill. Proposals for the Bill include provisions requiring the publication of information on the location of “storm overflows” and the frequency, duration and volume of discharges from such overflows.  We’re keen to see timely proactive publication of information rather than having information only released on request; we’re more than happy to see the need for our service reduced by greater proactive transparency from public bodies.

We would like to see news articles, campaigners and academics citing, and linking to, the sources of the data on which their work is based. This improves the credibility of the work, and enables others to check, and build on, what has been done. Requesting information in public via WhatDoTheyKnow.com makes such citations and links easy to offer.

—

Image: Ivan Bandura

OpenStreetMap is a project that creates and maintains maps all over the world, putting them out as open data that anyone can use.

While many additions are made by on-the-ground volunteer contributors, the input of other data sources allows OpenStreetMap to make leaps and bounds in its coverage, as you might imagine. But using such data is only possible if it can be reused within the terms of OSM’s share-alike open data licence, the ODbL.

And that’s where we pick up the story of Robert Whittaker, who used WhatDoTheyKnow in the hope of augmenting the OpenStreetMap offerings for Cambridgeshire, UK.

Rights of way

Robert saw a chance to add better data on public footpaths, bridleways, and byways in the county to OpenStreetMap. He explains the background:

“Councils have a legal duty to maintain an official list and physical map of rights of way, but most councils — including Cambridgeshire — also maintain an unofficial digital map as well. It was the underlying data behind the digital map that I was after.”

Not just for OpenStreetMap, though — the project’s reuse policy means that once they’ve put the data in place, it’s available for others, too.

“Having this data — and the right to re-use it — will allow people to create their own maps of the Rights of Way and mix the data with information from other sources. This would then allow, for example, routing software to plan walks using Public Rights of Way and other roads.

“Cambridgeshire was one of the few councils, until recently, that was not making the data freely available.”

The right to ask

So, how do you go about obtaining something like this? If you’re familiar with Freedom of Information or its close neighbour EIR (Environmental Information Regulations), they provide an obvious route, as these pieces of legislation provide us all with the right to request data from public authorities. Robert was very familiar:

“I’ve made quite a few FOI and EIR requests over the years, mostly through the excellent WhatDoTheyKnow.com. A lot have been for data that will be useful to OpenStreetMap mappers, but I’ve also made requests to gain information about the workings of public authorities, either to inform campaigns, increase transparency, or expose poor decision-making.

“I think the first FOI request I sent personally was in 2006 to my university to ask for the specification and testing details for an out-sourced student-facing web-app that had a particularly poor user interface. It was to inform a campaign by the Student Union to get improvements made.”

With this experience in his background, EIR and FOI were the natural routes for Robert in obtaining this data. He made three requests: first, asking for the GIS data, then, to request permission for its reuse; and finally for the related written descriptions.

The right to refuse

Unfortunately, the requests did not go as smoothly as he might have hoped. That first request was back in August 2014, and if you read through the stream of responses and annotations, you’ll see that Robert experienced almost the full set of obstacles that can get in the way of an FOI response — from the council simply not responding in time, to their responding with only parts of the data he had asked for, and citing rules which didn’t apply to the situation in hand.

He also went through the internal review process and eventually took the council to the ICO, citing the Re-use of Public Sector Information regulations to help his case.

It’s a good thing that Robert is both well-informed and tenacious, as surely these hurdles would have proved discouraging, if not completely off-putting, to many requesters.

Much of his argument pivoted around a specific exemption — a clause which allows an authority not to provide data under certain circumstances, in this case, the enticingly named EIR 6(1)(b).

“EIR 6(1)(b) allows public bodies to refuse to provide information in a specific form or format, if it’s already publicly available and easily accessible in another form.

“The council argued that because they had an online map available on their website, the information about the rights of way was already available and so 6(1)(b) meant they could refuse to release the underlying data.

“I successfully argued that the map was only a summary or approximation of the underlying data I’d requested. That data contained the actual coordinates of the points and the lines joining them to make up the routes. I think one of the key arguments was that given the data you could generate the map, but given the map you could not recreate the full underlying dataset, you could only obtain an approximation to it.”

The (almost) right outcome

Robert was ultimately successful in his first two requests, two and a half years after making that initial request. The third is still being contested.

“It’s been frustrating, but eventually worthwhile. I’m annoyed at how long it has taken to get to the end, and also annoyed at the public money that the Council has wasted in prevaricating and trying to withhold the information.

“I think the ICO probably needs more resources to be be able to investigate cases more promptly. I also think it should take a stricter line with public authorities that frustrate requesters or the ICO’s investigations. The ICO already has some additional powers that would help here, but they seem reluctant to use them, even though doing so could speed things up significantly.”

But even while we await the outcome of the final request, Robert’s patience has already begun to pay off:

“I’ve already loaded the data into my comparison tool to help mappers improve OSM. Also, thanks to Barry Cornelius, the Cambridgeshire data is now available from his site in a number of different standard formats, for anyone else who wants to use or view it.”

—

Image: Uncle Bucko (CC by-nc/2.0)