The complainant has requested from Chapel-en-le-Frith Parish Council (‘the Council’) emails concerning a multi-use games area (‘MUGA’). This request was made in two parts. The Council disclosed the information at part one of the request, with redactions to personal data under section 40(2) (personal data) of the FOIA. The Council entirely withheld the information at part two of the request under section 40(2). The complainant’s grounds for complaint were that the Council had not disclosed all of the information within the scope of the first part of the request. The complainant also objected to the redactions made under section 40(2) in the information that had been disclosed in response to part one of the request. In relation to the second part of the request, the complainant objected to the withholding of information under section 40(2). The Commissioner’s decision is first that the request was for environmental information and so the EIR apply. In relation to part one of the request, the Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any further information. The Commissioner considers that, of the redactions to email addresses and personal opinions in the information disclosed in response to part one, a number were correct under regulation 13(1) of the EIR (personal data). However, the Commissioner has found that a number of the redactions were not correct under regulation 13(1). The Council has confirmed to the Commissioner that some of the information was redacted in error. In relation to part two of the request, the Commissioner’s view is that the Council was entitled to withhold all of the information it held falling within the scope under regulation 13(1) of the EIR. This consisted only of one email which has been withheld. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. – Disclose to the complainant a revised version of the information disclosed at part one where only personal data is redacted. The Commissioner has provided the Council with a list specifying which of the redacted information should now be disclosed to the complainant. 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 5(1): Complaint not upheld FOI 13: Complaint partly upheld
Citations:
[2021] UKICO IC-65678
Links:
Jurisdiction:
England and Wales
Information
Updated: 26 October 2022; Ref: scu.665867