Summary: The complainant requested a copy of a report presented to St Ives Council (-the council-) by a member of the public relating to the exclusion of dogs on certain beaches in St Ives. The council refused to supply the information, citing exemptions under the Freedom of Information Act 2000 (-the FOIA-). The Commissioner considered that the request should have been handled under the Environmental Information Regulations 2004 (-the EIR-). As the council sought to rely on the additional exemption under section 40(2) of the FOIA during the Commissioner-s investigation, the Commissioner considered the equivalent exception under regulation 13(1) of the EIR. This exception relates to third party personal data. The Commissioner-s decision is that the information should be withheld using the exception under regulation 13(1). The Commissioner does not require any steps to be taken.
Section of Act/EIR & Finding: EIR 13 - Complaint Not upheld