Summary: The complainant made a number of requests to the council for information relating to an Airfield in Sussex. The council stated that it could not find some of the information requested, and withheld other information on the basis that Regulations 12(4)(e) (internal communications) and 12(5)(f) (the interests of the person providing information) applied. The Commissioner-™s decision is that some information is exempt under Regulation 12(3) (personal data). He has decided that some information falls within the exception in Regulation 12(4)(e) however the majority of it does not. Where Regulation 12(4)(e) does apply his decision is that the public interest in maintaining the exception does not outweigh the public interest in disclosing the information. Further to this however he has decided that 2 documents should be exempt under Regulation 12(5)(b) as they are subject to legal professional privilege. Given his decision that Regulation 12(3) applies he has not considered the application of Regulation 12(5)(f) further. Information Tribunal appeal number EA/2011/0067 dismissed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12 - Complaint Not upheld, EIR 12.4.e - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld