Information Commissioner's Office

Summary: The complainant requested information about the entitlements claimed and by whom on each of the Adjacent Commons and what was awarded. She also asked how the rights of the claimants were verified. The public authority responded that it held the information but that it felt that the information was exempt by virtue of Regulations 12(3) and 13 [third party personal data]. The complainant requested an internal review and the public authority concluded that in actual fact it did not hold the information that was requested, so was applying the exception found in 12(4)(a) instead. The Commissioner has considered the case and is satisfied on the balance of probabilities that no relevant recorded information was held by the public authority. However, he feels that the advice and assistance provided by the public authority was inadequate and that it has contravened Regulation 9. He requires further advice and assistance to be provided to the complainant within thirty five calendar days. Information Tribunal appeal number EA/2010/0032 part-allowed.
Section of Act/EIR & Finding: EIR 9 - Complaint Upheld, EIR 12.4.a - Complaint Not upheld, EIR 14 - Complaint Upheld