ICO The complainant asked Stafford Borough Council for a copy of legal advice supplied to it by its legal adviser in connection with a planning dispute. The request was declined by the council on the basis that the information was subject to legal professional privilege and was therefore exempt under section 42 of the Act. After requesting a copy of the withheld information and further information about the refusal, the Commissioner concluded that although the request should have been dealt with under the Environmental Information Regulations 2004, the claim that the information was subject to legal professional privilege nevertheless applied and the information was exempt from disclosure by virtue of regulation 12(5)(b). The Information Tribunal has ruled on this decision and has dismissed the appeal.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Not upheld
Citations:
[2006] UKICO FER0078604
Links:
Statutes:
Environmental Information Regulations 2004 12(5)(b)
Jurisdiction:
England and Wales
Information
Updated: 17 May 2022; Ref: scu.533610
