Information Commissioner's Office

Devon County Council

4 August 2014, Local government (County council)

The complainant has requested information on traffic flow data in a specific area of Exeter. Devon County Council (the council) initially refused to provide the information relying on regulation 12(5)(e) of the EIR to withhold it. Following an internal review, the council then considered it to be exempt under section 43(2) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigations, the council amended its decision to instead rely on regulation 8 of the EIR, in that a payment would firstly be required from the complainant before the information would be released. On further considerations, the council determined that it would supply the information to the complainant free of charge if he firstly confirmed that he was not going to use the information for commercial purposes, otherwise it would maintain regulation 8 is engaged. The Commissioner’s decision is that the council has incorrectly relied on regulation 8 of the EIR in this case. The Commissioner requires the public authority provide the complainant with a copy of the requested information it holds without requiring the complainant to make a payment for it.

EIR 8: Upheld