The complainant requested information from Staffordshire County Council relating to a prosecution following a failure to comply with an enforcement notice. The council disclosed some information but withheld other information using the exceptions under regulation 13(1) and 12(5)(b) of the Environmental Information Regulations 2004, the exceptions relating to third party personal data and legal professional privilege. The Commissioner’s decision is that the council correctly withheld some information using regulation 12(5)(b) and where that exception did not apply, the information was excepted under regulation 13(1). He also found that the council had breached section 5(1) and 5(2) of the EIR for failing to identify, within 20 working days, all the information it held that was relevant to the request. The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.b – Complaint Not upheld, EIR 13 – Complaint Not upheld
Citations:
[2012] UKICO FS50406789
Links:
Jurisdiction:
England and Wales
Information
Updated: 02 June 2022; Ref: scu.529669