The complainant requested information from North Yorkshire County Council (‘the Council’) relating to certain individuals who submitted evidence forms about the use of a bridleway near Thornton-in-Craven. The Commissioner’s decision is that the Council correctly redacted the personal details of the individuals under regulation 13 of the EIR. However, the Council incorrectly redacted the dates on which the forms were signed, since this is not personal data within the definition at section 3(2) of the Data Protection Act 2018 (DPA). The Council also failed to respond to the request within 20 working days, and failed to carry out a reconsideration when asked (known as an internal review) within 40 working days. It therefore breached regulations 5(2) and 11(2) of the EIR respectively. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose that part of the relevant forms which shows the dates of signature.
EIR 11(4): Complaint upheld EIR 13: Complaint partly upheld EIR 5(2): Complaint upheld
[2019] UKICO fer0816505
Bailii
England and Wales
Updated: 16 August 2021; Ref: scu.643257
