ICO The complainant requested representations provided to Gwynedd Council (‘the Council’) concerning a particular gate and the use of a right of way on which the gate is situated. The Council refused to provide the requested information under regulation 13 of the EIR. The Commissioner has investigated and found that the information is exempt from disclosure under regulations 5(3) and 13(1) as it contains the personal data of the complainant and the personal data of third parties. Further commentary on the implication of the Commissioner’s finding in relation to the Council’s obligations under the Data Protection Act 1998 is set out in the ‘Other Matters’ section at the end of the notice. The Commissioner has also concluded that the Council breached regulation 11(4) in that it did not carry out a review of its decision and provide its response to the complainant within 40 working days.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld, EIR 11 – Complaint Upheld, EIR 13 – Complaint Not upheld
[2014] UKICO FER0505364
Bailii
Data Protection Act 1998
England and Wales
Information
Updated: 05 December 2021; Ref: scu.527354
