28 October 2015, Local government (District council)
The complainants requested copies of any evidence held relating to the use of land opposite their land. This was initially refused by Cornwall Council (the council) under section 14(1) of the FOIA as a vexatious request. Following a decision notice by the Commissioner, it was found section 14(1) was not engaged and the council was ordered to issue a new response without relying on section 14(1) of the FOIA. The council issued this new response refusing the request relying on Regulation 12(3) of the EIR as it considered it to be the personal data of a third party. The Commissioner’s decision is that the council was correct to refuse the request as third party personal data. The Commissioner does not require the council to take any steps.
EIR 12(3): Not upheld