Summary: The complainant has requested the financial information contained in a set of accounts that an applicant had submitted to Braintree District Council (the Council) in support of an application for a Certificate of Lawfulness. The Council refused to provide the information on the basis of section 40(2) of FOIA, the personal data exemption. The Commissioner has concluded that the request should have been dealt with under the EIR rather than FOIA. However, he is satisfied that the information is exempt from disclosure on the basis of regulation 13(1), the personal data exception within the EIR. Nevertheless, the Council breached regulation 14(1) by failing to issue a refusal notice containing a valid EIR exception.
Section of Act/EIR & Finding: EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld