Transparency for Our Rivers: A Win for Public Right to Know
The Information Commissioner’s Office (ICO) has ruled that the Health and Safety Executive (HSE) must release records of pesticide use by farmers in Wales, following a case brought by WildFish under the Environmental Information Regulations 2004 (EIR).
In 2024, WildFish requested data on pesticide use within a small catchment of the Welsh Dee, where monitoring through its SmartRivers citizen science project had identified signs of chemical pollution. The HSE initially claimed not to hold the requested information, later arguing that the request was “manifestly unreasonable.”
In November 2024, the ICO issued a Decision Notice requiring the HSE to provide the records. The HSE subsequently maintained its refusal, leading to further review. The ICO has now ruled that the request was not manifestly unreasonable and has ordered the HSE to comply and release the data.
Under Article 67 of European-derived law, now incorporated into UK domestic law, farmers are required to maintain pesticide use records on behalf of the HSE. These records document what pesticides are applied, where, and in what quantities.
The decision establishes that such information constitutes environmental data under the EIR and must be made publicly available when requested, subject to limited exemptions.
WildFish has also confirmed that a related case concerning pesticide use records in Carmarthenshire is currently under appeal to the First-tier Tribunal, with a hearing scheduled for 8 December 2025.
This ruling strengthens public access to environmental information in Wales and provides greater transparency around agricultural chemical use and its potential impact on river systems. Read more here.
