Information Commissioner's Office

Hambleton District Council

17 February 2015, Local government (District council)

The complainant has made two requests, on separate dates, for all communications between Hambleton District Council (the council) and an individual, that individuals business and its representatives. The council responded to the two requests separately, but provided the same response to both in that it was withholding the information under regulation 12(5)(b) of the EIR and could neither confirm nor deny any further communications taking place. Relying on regulation 13(5) of the EIR and 40(5)(b) of the Freedom of Information Act 2000 (FOIA), as it considered it would reveal the personal data of the named individual. The complainant is not satisfied with the council refusing his request. The Commissioner’s decision is that the council has correctly relied on regulation 12(5)(b) and was right to neither confirm nor deny the existence of any other communications taking place for both requests. This decision notice is currently under appeal to the Tribunal. The Commissioner does not require the council to take any steps. Information Tribunal appeal EA/2015/0064 settled by consent.

EIR 12(5)(b): Not upheld