The complainant requested information about a Public Rights of Way investigation. Mid and East Antrim Borough Council (‘the Council’) provided some information but withheld other information under section 31 of the FOIA. The Commissioner’s decision is that the request should have been handled under the EIR. The Commissioner has found that some of the withheld information constitutes the complainant’s own personal data and therefore exempt under regulation 5(3) of the EIR, the Council correctly applied regulation 12(4)(d) to other information and the Council correctly withheld some information under regulation 13 whilst having misapplied it to other information. The Commissioner requires the Council to disclose the documents withheld under regulation 13, with the exception of any third party personal data relating to members of the public or junior officials contained within them.
EIR 12(4)(d): Complaint not upheld EIR 13: Complaint partly upheld EIR 5: Complaint not upheld
Citations:
[2018] UKICO fs50688082
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 December 2022; Ref: scu.621344
