Information Commissioner's Office

Babergh District Council

24 September 2014, Local government (District council)

The complainant has requested details of the make and model of a boiler owned by a neighbour which the council investigated after receiving a complaint about pollution being emitted. The council refused the request on the basis that Regulation 12(4)(b) (vexatious), and Regulation 12(5)(f) (voluntary supply) applied. During the Commissioner's investigation the council also applied Regulation 13 to the information (personal data). The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(b). He has however decided that the information is personal data and that a disclosure of the information would breach the first principle of the Data Protection Act 1998. The council was therefore correct to apply Regulation 13 to the information. As he has decided that Regulation 13 applies the Commissioner has not considered the application of Regulation 12(5)(f) further. The Commissioner does not require the council to take any steps.

EIR 13: Not upheld