ICO The complainant requested information related to rent review negotiations regarding a specific property (Tay House, Glasgow) occupied by the public authority and also for all properties occupied and/or operated by public authority. The Commissioner’s decision is that: the public authority held information (five emails) within the scope of the request in relation to Tay House, Glasgow. However, on a balance of probabilities, it did not hold additional information in respect of this request. In relation to the wider request in connection with all properties occupied and/or operated by the public authority, the public authority was entitled to rely on section 12(2) to the extent that it could not determine if it held all of the information within the scope of the request. It was additionally entitled to rely on section 12(1) to the extent that it could confirm it held some information (i.e. in relation to the Prison Estate) but could not provide the information because it would exceed the appropriate limit to do so. The Commissioner requires the public authority disclose copies of the five emails from 2005 related to the Tay House rent review of 2005 subject to the application of other provisions in FOIA including exemptions.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 12 – Complaint Not upheld
[2012] UKICO FS50452383
Bailii
England and Wales
Information
Updated: 10 December 2021; Ref: scu.530026
