The complainant requested from Eden District Council (‘the Council’) the monthly counts of fly-tipping data. The Council stated that it would require a fee of pounds 100.00 in order to provide the requested information, in accordance with regulation 8 of the EIR. The Commissioner’s decision is that the Council breached regulation 8(3) by seeking to levy an unreasonable charge for the provision of environmental information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant that does not seek to apply a charge under regulation 8. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court
EIR 8: Complaint upheld
Citations:
[2021] UKICO IC-70949
Links:
Jurisdiction:
England and Wales
Information
Updated: 02 September 2022; Ref: scu.662929