Information Commissioner's Office

Summary: The complainants requested information held by the council regarding information it held on any investigation or complaint regarding work they intended to carry out on their property. The complainants argued that the land in question belonged to them and that there were no highway rights over it which would prevent them from carrying out the works. The council however needed to consider whether the works would infringe upon highway rights. The council withheld most of the information on the grounds that it was exempt under Regulation 13(1) as it was the personal information of third parties. It also withheld some information under Regulation 5(3) on the grounds that it was the personal data of the applicants. It also found that other information was exempt under Regulations 12(5)(f) and 12(5)(b). The Commissioner's decision is that the council was correct to apply all of the exceptions. He finds however that the council breached Regulations 5(2) and Regulation 14(2) in its handling of the request. Information Tribunal appeal number EA/2011/0219 dismissed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 12.5.f - Complaint Not upheld, EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld