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You are here: BAILII >> Databases >> Information Commissioner's Office >> Kirkby Malzeard Laverton and Dallowgill Parish (Decision Notice) [2010] UKICO FS50294322 (06 September 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50294322.html
Cite as: [2010] UKICO FS50294322
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Kirkby Malzeard Laverton and Dallowgill Parish (Decision Notice) [2010] UKICO FS50294322 (06 September 2010)
Summary: The complainant requested a copy of the minutes of the Council-™s meeting dated 30 November 2009 and a copy of an email referred to by the Chairman during this meeting from -˜unnamed person-™ or their solicitor. The Council provided the complainant with a copy of the minutes but refused to disclose the email requested, as it considered this was subject to legal professional privilege and deemed the request itself to be vexatious. During the Commissioner-™s investigation the Council changed its view and issued a further refusal notice to the complainant advising her that the requested email is not held for the purposes of the Act by virtue of section 3(2)(a). The Commissioner has investigated and he has determined that the requested information is environmental information and therefore the request should have been dealt with under the EIR. The Commissioner has also decided from the evidence available that the requested information is held by the Chairman of the Council on behalf of the Council for its own purposes in accordance with regulation 3(2)(b) of the EIR. He has therefore ordered the Council to either disclose the requested email to the complainant or issue a further refusal notice advising why the requested email cannot be disclosed under the EIR within 35 days of this Notice.
Section of Act/EIR & Finding: EIR 3 - Complaint Upheld