The complainant requested information from North Lincolnshire Council (‘the Council’). The information had been provided to the Council by a company director in support of his application for a Certificate of Lawful Existing Use or Development. The Council provided some information to the complainant, but withheld various bills, invoices and insurance documents under regulation 12(5)(e) of the EIR (confidentiality of commercial or industrial information), and/or under regulations 12(3) and 13(1) of the EIR (third party personal data). The Commissioner’s decision is that the exception at regulation 12(5)(e) is engaged, and that the balance of the public interests favours the exception being maintained. Because the Council failed to respond to the request within 20 working days, it breached regulation 5(2) of the EIR. In addition, by failing to carry out a reconsideration within 40 working days, it also breached regulation 11(4). The Commissioner does not require the Council to take any steps.
EIR 11(4): Complaint upheld EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint not upheld
Citations:
[2022] UKICO ic-84696
Links:
Jurisdiction:
England and Wales
Information
Updated: 17 November 2022; Ref: scu.674910