16 July 2015, Local government (City council)
The complainant has requested full information on the building regulations application and site inspections of his neighbour’s adjacent property. The council initially withheld the entirety of the information on the basis that it was third party personal data. During the case the council provided the complainant with the information which it considered to be his own personal data as part of a subject access request under section 7 of the Data Protection Act 1998 (the DPA). It maintained that the remaining information was excepted from disclosure under regulation 13(1) as it was third party personal data. The Commissioner’s decision is that the council was correct to rely on regulation 13(1) to withhold the remaining information. He also finds that the council breached regulation 5(2) as it did not comply fully with the request within the prescribed 20 working day time frame. The Commissioner does not require the council to take any steps in this case.
EIR 5(2): Upheld EIR 13(1): Not upheld