The complainant has requested information from Bishops Castle Town Council (‘the Council’) in relation to the felling of a birch tree. The Commissioner’s decision is that the Council was correct to apply Regulation 13(1) to withhold some of the information. However, she finds that some of the information is not personal data and therefore, the Council was not correct to apply Regulation 13 in order to withhold it. The Council correctly applied Regulation 5(1). However, the Council also breached regulation 5(2) by failing to provide information within 20 working days and regulation 11(1) as it failed to provide an internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. To disclose the information which is not personal data.
EIR 13: Complaint partly upheld EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld EIR 11(1): Complaint upheld
 UKICO IC-44903
England and Wales
Updated: 06 August 2022; Ref: scu.657881