Information Commissioner's Office

Durham County Council

16 July 2014, Local government (County council)

The complainant has requested information relating to specific planning matters. The complainant also asked to be provided with their own personal data under the Data Protection Act 1998. Durham County Council provided the complainant with their own personal data, disclosed other information under the EIR and confirmed that other information was being withheld under the exceptions for third party personal data (regulation 13), confidentiality of proceedings required by law (regulation 12(5)(d)) and the course of justice (regulation 12(5)(b)). The Commissioner’s decision is that Durham County Council: correctly identified all the relevant information held and complied with regulation 5(1); correctly applied regulation 13 and regulation 12(5)(b) to withhold some of the requested information and; failed to demonstrate that regulation 12(5)(d) was engaged. The Commissioner requires the public authority to disclose the 2 paragraphs of information withheld under regulation 12(5)(d).

EIR 5: Not upheld EIR 12(5)(b): Not upheld