The complainant has requested various Building Control files for barn conversions. Carmarthenshire County Council initially refused the request on the basis of regulation 12(5)(e) of the EIR. However, during the course of the Commissioner’s investigation, it altered its position, providing some generic information and refusing the bulk by virtue of regulation 13 of the EIR on the basis that the information is third party personal information. The Commissioner’s decision is that Carmarthenshire County Council was entitled to rely on regulation 13 of the EIR to withhold the requested information. However, its delay in providing the information not falling within this exception, constitutes a breach of regulation 5(2) of the EIR. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2019/0346 Under Appeal.
EIR 13(1): Complaint not upheld
Citations:
[2019] UKICO fer0770385
Links:
Jurisdiction:
England and Wales
Information
Updated: 23 July 2022; Ref: scu.643307