Information Commissioner's Office

Summary: The complainant asked Surrey Heath Borough Council (-�the Council-�) to provide him with the names of those to whom a particular report was published as well as the dates when the publication occurred. The Council failed to respond initially but following the Information Commissioner-�s (-�the Commissioner-�) intervention, issued a refusal citing regulation 12(4)(e) of the Environmental Information Regulations 2004 (-�the EIR-�). In its internal review, the Council also cited regulation 12(5)(f) and 13(1). During the Commissioner-�s investigation, the Council changed its position again when it advised the Commissioner that it wished to handle the request under the Freedom of Information Act 2000 (-�the FOIA-�). It sought to rely on section 40(2) of the FOIA. The Council subsequently disclosed a number of names along with relevant dates. However, the Council continued to rely on section 40(2) in relation to the names of six councillors who had not consented and the name of one individual who had left the employment of the authority. The Commissioner investigated and decided that although the FOIA did apply, section 40(2) was not engaged. He therefore requires the Council to disclose the information within 35 days. The Commissioner found breaches of section 1(1)(b), 10(1) and 17(1)(a)(b) and (c) of the FOIA.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Upheld