Summary: The complainant requested free access to information regarding a property required to complete a CON29 form and the personal inspection of the Land Charges Register. The Council repeatedly refused to provide the information or inspection free of charge whilst awaiting legal advice regarding the ICO-™s published guidance. The Commissioner finds that the Council failed to comply with regulation 5(1) as it failed to make the information available on request and 5(2) as it failed to make it available within the statutory time for compliance. The Commissioner also finds that the Council breached regulation 8(2)(b) by attempting to impose a charge to allow the complainant to inspect the requested information. The Council must now make the requested information available to the complainant within 35 days of this notice.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 8 - Complaint Upheld