The complainant requested information about the East Marsh wind turbine survey. The council handled the request under the Freedom of Information Act 2000 (FOIA) and disclosed some of the requested information, but withheld the remainder as personal data citing section 40(2) and additionally section 41(1) of the Act. The Commissioner finds that the Council should have dealt with the request under the Environmental Information Regulations (EIR). Having considered the case under regulation 13 of EIR the Commissioner finds that the withheld information is not personal data. The Commissioner also found that regulation 12(5)(d) – ‘confidentiality of proceedings’ did not apply. The Commissioner has therefore ordered the Council to disclose the information. The Commissioner also noted a number of procedural breaches.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 12.5.d – Complaint Upheld, EIR 13 – Complaint Upheld
[2011] UKICO FS50315994
Bailii
England and Wales
Information
Updated: 04 January 2022; Ref: scu.530558
