ICO The complainant requested legal advice received by the public authority concerning the possible diversion of a footpath. The public authority refused this request, citing the exemption provided by section 42(1) (legal professional privilege) of the Freedom of Information Act 2000. The Commissioner finds that the information requested is environmental and so the request should have been handled under the Environmental Information Regulations 2004 (EIR). The public authority is now required to reconsider the request under the EIR and either disclose the information requested, or issue a refusal notice compliant with the EIR.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld
[2011] UKICO FER0360566
Bailii
England and Wales
Information
Updated: 11 December 2021; Ref: scu.530415
