The complainant has requested mapping data showing conservation areas. Hertfordshire County Council initially relied on Regulation 12(5)(c) of the EIR (intellectual property rights) to withhold the information, before eventually relying on Regulation 6(1)(b) (publicly available) and Regulation 12(4)(d) of the EIR (material in the course of completion) to withhold the information. The Commissioner’s decision is that, with the exception of the data relating to Broxbourne and Three Rivers, the information the Council holds is publicly available and easily accessible. It is therefore excepted from disclosure under Regulation 6(1)(b) of the EIR. In respect of Broxbourne and Three Rivers, the Council has not demonstrated that Regulation 12(4)(d) of the EIR is engaged and is therefore not entitled to rely on this exception. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose the data it holds relating to the Broxbourne District Council and Three Rivers District Council areas.
EIR 12(4)(d): Complaint upheld EIR 6(1)(b): Complaint not upheld
Citations:
[2022] UKICO ic-97374
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 June 2022; Ref: scu.677815