The complainant requested copies of the legal advice sought by the Department for Communities and Local Government relating to the issue of whether Energy Performance Certificates for private dwellings contain personal data according to the definition in the Data Protection Act 1998. DCLG withheld the legal advice using section 42(1) of the Freedom of Information Act 2000. It said that the public interest did not favour disclosure. The Commissioner investigated and decided that the legal advice had been correctly withheld. He does not require any steps to be taken. The Commissioner also found a breach of section 17(1) of the FOIA. Information Tribunal appeal number EA/2011/0227 dismissed.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 42 – Complaint Not upheld
Citations:
[2011] UKICO FS50384153
Links:
Jurisdiction:
England and Wales
Information
Updated: 04 February 2022; Ref: scu.530826
