The complainant has requested information relating to a planning application. West Lancashire Borough Council provided some information but withheld the remainder under the exceptions for internal communications and personal data. During the Commissioner’s investigation the council also applied the exception for adverse effect to the interests of an information provider. The Commissioner’s decision is: in relation to the council’s application of the exception for internal communications the Commissioner considers that the council has failed to demonstrate that the exception is engaged; in relation to the council’s application of the exception for adverse effect to the interests of an information provider, the Commissioner considers that the council failed to show that the exception is engaged; in relation to the council’s use of the personal data exception, the Commissioner has found the information does not constitute personal data and that the exception is not engaged; and that in handling the request, the council complied with the duty to provide advice and assistance. The Commissioner requires the public authority to disclose all the withheld information to the complainant (excluding the names and contact details of council officers and the planning applicant’s agent).
Section of Act/EIR and Finding: EIR 9 – Complaint Not upheld, EIR 12.4.e – Complaint Upheld, EIR 12.5.f – Complaint Upheld, EIR 13 – Complaint Upheld
Citations:
[2013] UKICO FER0463795
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 July 2022; Ref: scu.528018
