Information Commissioner's Office

Medway Council

27 October 2015, Local government (District council)

The complainant has requested information in response to a council letter regarding a parking restriction proposal. Medway Council (the council) provided some information and refused parts of the request that it considered to be third party personal data – initially refused under section 40(2) of the Freedom of Information Act (FOIA), but later amended it to regulation 13 of the EIR. Lastly it advised that it did not hold some of the requested information. The Commissioner’s decision is that the council does not hold any more information, other than what has been identified by the council. With regards to the information refused under regulation 13 of the EIR, the Commissioner found, in a separate decision notice under reference FER0582993, where the same information had been requested by the complainant, that some of the withheld information should be provided to the complainant, and the remaining information was correctly withheld. The Commissioner requires the public authority to comply with the steps ordered by the Commissioner in decision notice FER0582993. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 5(1): Not upheld