DAFM told to release information about herds with 500 plus cattle
The Department of Agriculture Food and Marine (DAFM) has been ordered to share the "location data" of large cattle herds with the non-profit company, Right To Know.
According to the Office of the Commissioner for Environmental Information (OCEI), there is a "public interest" in releasing the herd numbers and location data of large cattle herds.
DAFM has identified that there are currently 603 cattle herds with over 500 cattle per herd.
OCEI said in the region of 54% of the registered herds with over 500 cattle are limited companies on DAFM's system.
Right To Know had previously made a request to DAFM in February 2023 under Access to Information on the Environment (AIE) Regulations seeking information on "a register of cattle herds with over 500 cattle per herd, to include the herd number and location of each cattle farm.”
The department had part-granted the release of certain information - the number of herds with 500 cattle divided by county location.
However DAFM refused access to the herd numbers and the location of the associated cattle farms because "the confidentiality of the records in question" was protected by law.
The non-profit subsequently requested an internal review of the department’s decision on February 17, 2023.
Right To Know (RTK) disagreed with DAFM's decision and argued that "herd numbers and locations of large cattle farms (over 500 cattle) constitute personal information - even if a % of the records are personal information, RTK are not requesting this data - we are only requesting herd numbers and locations of these herds.
"RTK would not request names of individual farmers. Other non-personal entities such as companies operating large cattle farms cannot be redacted as personal data - farm data held outside DAFM is public; for example, EPA pig/poultry licensees, licence numbers, and locations.
"It makes no sense to prevent the release of data on large cattle operations, while publishing data on large pig/poultry operations - there is a public interest in release of the locations of large cattle farms due to the pressure placed on environment from these operations.”
The Commissioner for Environmental Information then ordered a review into DAFM's decision.
The department has consistently stated that "herd numbers and their associated locations are considered personal data".
The OCEI agrees with DAFM that the herd numbers and location data of such herds "is information related to an identifiable natural person or persons – and can therefore be considered personal data".
It also highlighted that "as limited companies are legal persons, but not natural persons, the information related to such companies is not personal information".
The OCEI also stated that it did not believe there was "the likelihood of an adverse effect if the requested information is disclosed" in relation to the herd numbers and associated location data.
The office believes there is a public interest in the location data of these large cattle herds because "it would allow the public to identify country-wide patterns regarding the location of these large cattle farms, which are responsible for a significant proportion of emissions from agriculture".
The OCEI has annuled DAFM's decision and directed "that the requested information be released to the appellant" - Right To Know.
The office has also highlighted that "a party to the appeal or any other person affected by this decision may appeal to the High Court on a point of law from the decision".
