City of York Council (Local Government): ICO 9 Feb 2022

The complainant requested a copy of the HMO (House in Multiple Occupation) database held by City of York Council (the council) for the purposes of planning. Whilst the council provided some information to the complainant, it refused to provide details which would reveal the addresses of student occupied properties, citing regulation 12(5)(a) – public safety, and regulation 12(5)(b) – the course of justice. It then later advised that it was also relying on regulation 13 – personal data. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(a), when withholding the street addresses of student HMO’s. However, as the council failed to provide some of the information, and also its refusal notice, within 20 working days, the Commissioner has found there to be a breach of regulation 5(2), and regulation 14(2), of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 12(5)(a): Complaint not upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint upheld


[2022] UKICO ic-81328




England and Wales


Updated: 04 August 2022; Ref: scu.674863