The complainant requested information from Historic England (HE) relating to a planning application. HE provided some information but withheld the rest under regulation 12(5)(b) of the EIR – adversely affect the course of justice. The Commissioner’s decision is that the information held by HE is environmental in nature. However, since the requested information relates to the complainant’s own property, the Commissioner pro-actively considered regulation 5(3) of the EIR. She determined that the withheld information is the personal data of the requester and, as such, under regulation 5(3), there is no duty to disclose the information under the EIR. The Commissioner does not require HE to take any steps.
EIR 5(3): Complaint not upheld
Citations:
[2019] UKICO fer0846299
Links:
Jurisdiction:
England and Wales
Information
Updated: 24 November 2022; Ref: scu.650421