The complainant requested information relating to a planning application. The council initially disclosed some information however it redacted the names of some individuals under Regulation 13(1). On review the council continued to rely upon Regulation 13(1), applied Regulation 12(4)(e) to a small section of information, and also said that it was applying Regulation 12(4)(b) on the basis that the request was vexatious and part of a campaign. The Commissioner has not found it necessary to consider the application of Regulation 12(4)(b) as the council responded to the complainant’s request. She has decided that the council was not correct to apply Regulation 12(4)(e) to withhold information. She has however decided it was correct to apply Regulation 13(1) to redact the personal data from the disclosed information. She has also decided that, on a balance of probabilities, the council does not hold any further information falling within the scope of the request. Finally, she has decided that the council did not comply with the requirements of Regulation 5(2) in that it did not provide all of the information to the complainant within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information withheld under Regulation 12(4)(e), subject to redactions under Regulation 13(1) as per the remainder of the disclosed information.
EIR 13(1): Complaint not upheld EIR 12(4)(a): Complaint not upheld EIR 12(4)(e): Complaint upheld EIR 5(2): Complaint upheld
Citations:
[2021] UKICO IC-47076
Links:
Jurisdiction:
England and Wales
Information
Updated: 01 November 2022; Ref: scu.665841