Information Commissioner's Office seeks proactive release of water company sewage data to improve industry trust

Since May, water providers can no longer avoid disclosing sewage data because it is part of an investigation.

EDITORIAL USE ONLY NOTE LANGUAGE ON PLACARDS Lucy Luck, Evelyn Hull and Emily van de Geer take part in a protest by Surfers Against Sewage (SAS), in Falmouth, who are calling for an end to the sewage discharges plaguing the UK's rivers and seas. Picture date: Saturday May 18, 2024.
Image: Surfers Against Sewage (SAS) are calling for an end to the sewage discharges plaguing the UK's waters. Pic: PA
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Water companies have been asked by the information watchdog to proactively release data on the sewage they discharge into waterways.

The UK information commissioner John Edwards wrote to the utility firms in England, Wales and Northern Ireland asking them to publish information on the number and duration of sewage outflows every month, instead of waiting for members of the public to request information.

At present, data is often requested through environmental information regulations. It would be quicker and easier for the statistics just to be released, the Information Commissioner's Office (ICO) said.

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Pollution 'dented consumer confidence'

Concerns around sewage pollution have harmed consumer confidence in such firms, the ICO said, something companies have a responsibility and legal obligation to change.

It said: "The public has no choice but to use our water companies, therefore these companies should ensure they have every confidence in doing so. The current concerns about sewage pollution have dented this confidence, so we're calling on these companies to be open about their activities to help rebuild this trust."

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Analysis of official data suggested sewage was dumped into rivers, lakes and beaches designated "safe to bathe in" 86 times a day on average in 2023, while Environment Agency figures showed discharges of untreated sewage by water companies doubled from 1.8 million hours in 2022 to a record 3.6 million in 2023.

Mr Edwards also said proactive and timely publication of the information would be more cost-effective for the firms and easier than replying to individual requests.

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Water regulator Ofwat also agreed with the ICO's calls to restore trust.

"One of the pre-requisites for building public trust is a culture of openness," said Ofwat chief executive David Black.

"They should move to embrace open data as a matter of course, and they should be more open in sharing their plans and progress."

Previous defence gone

Mr Edwards pointed out water companies can no longer rely on an old argument to avoid releasing the data.

In the past, they said disclosing information could prejudice ongoing investigations.

But a tribunal ruling in May found that information could be disclosed even though it was part of an ongoing investigation.

Under the existing system of applying for sewage details, water utilities have to presume the figures are disclosable, something Mr Edwards reminded companies of in his letter.

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"I also remind you of the presumption in favour of disclosure contained in the EIR [Environmental Information Regulations], both in engaging the exception and in carrying out the public interest test."

Also arguing the need for the water industry to "win back the support of the public" was Jo Parker, vice president of engineering at the Institute of Water and chair of the Water and Sanitation Community Advisory Board of the Institution of Civil Engineers.

"It is important that all parties - the water industry, professional bodies, government, regulators, NGOs and media work to restore faith in our water industry", she told Sky News last week.