The complainant requested a current copy of the 25 OS plans showing the Board’s maintained drains, ditches, water courses etc. The Board initially refused to provide the information stating that it was against copyright rules. It also offered the complainant access to inspect the maps on its premises however the complainant considered this alternative as impractical. PIDB subsequently refused the request on the basis of section 14(1) of the Act. Following the Commissioner’s determination that section 14(1) was not engaged and that the information should have been considered under the EIR, the Board then cited regulation 12(4)(b) on the basis that the excessive costs required to comply with the request made it manifestly unreasonable. During the course of the Commissioner’s investigation it became clear that regulation 12(4)(b) could not apply as the Board did have electronic copies of the maps. However, PIDB continued to refuse the request, citing regulation 13 of the EIR on the basis that it could not provide it without redacting third party personal information. The Commissioner’s decision is that PIDB has breached regulation 6 of the EIR by not providing the information in the form and format requested by the complainant. The Commissioner also considers that regulation 13 of the EIR is not engaged. The Commissioner requires the public authority to provide an electronic copy of the maps to the complainant.
Section of Act/EIR and Finding: EIR 6 – Complaint Upheld, EIR 13 – Complaint Upheld
Citations:
[2012] UKICO FER0407151
Links:
Jurisdiction:
England and Wales
Information
Updated: 30 November 2022; Ref: scu.529661