The Information Commissioner’s Office has told water companies that transparency must be the default position when it comes to information under the Environmental Information Regulations (EIR).
In May 2024, the ICO issued six water companies – Anglian Water, Severn Trent Water, South West Water, Northumbrian Water, United Utilities and Yorkshire Water – with decision notices requiring them to disclose the start and stop time of sewage discharges.
In July, it wrote to the CEOs of 12 water companies that provide sewage services in England, Wales and Northern Ireland. This letter clarified the ICO’s regulatory position on the disclosure of sewage discharge data and clearly set out its expectations that this should be made available to the public.
All of the water companies written to by the ICO have now committed to proactively publishing information relating to start and stop times of sewage discharges on a monthly basis across England and Wales, and quarterly in Northern Ireland.
Warren Seddon, Director of FOI at the ICO said:
“Our next steps will see my team continue to support the sector by attending its EIR forums to provide insight where appropriate. We will be closely monitoring any new complaints to ensure that the water companies deliver on their commitments to us and put the cultural shifts they have committed to following our intervention into practice.
“Given the requirement in the EIRs to progressively make information available, transparency must continue to improve from this point – not slip back. Where we still find attempts to keep the public in the dark, we will not hesitate to consider further action to hold the sector to account.
“The EIRs are an important tool for people to access information about their environment and for organisations to build trust by being open about their activities. As we reflect on the 20th anniversary of this legislation, we are committed to empowering the public to exercise their rights to environmental information, as well as supporting organisations to meet their legal obligations across the water sector and beyond.”
The ICO’s role includes enforcing data protection laws like the UK GDPR and the Data Protection Act 2018, as well as the Freedom of Information Act 2000.
The ICO is an independent authority that upholds information rights and promotes openness and data privacy. It reports directly to Parliament and is sponsored by the Department for Science, Innovation and Technology.
