Information Commissioner's Office

Summary: The complainant requested a range of information relating to specific properties in St Catherine-�s Avenue in Bletchley. The request was separated into 7 numbered elements. This decision notice is confined to a consideration of the council-�s handling of request parts 1-3. Milton Keynes Council (the -�council-�) confirmed that the requested information was not held. The Commissioner-�s decision is that requested information constitutes environmental information. He finds that the council should have handled the request under the EIR rather than the Freedom of Information Act 2000 (FOIA). In relation to request parts 1 and 2, he finds that the council should have identified the information as the complainant-�s personal data and dealt with them as a subject access request under the Data Protection Act 1998 (DPA). As regulator of the DPA, the Commissioner has, separately to this decision notice, assessed the council-�s compliance in this regard. In relation to request part 3 the Commissioner has concluded that the council correctly confirmed that the information is not held; however, it failed to provide this confirmation outside the 20 working days required by the EIR. The Commissioner does not require the council to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 14 - Complaint Upheld