26 July 2016, Local government (City council)
The complainant has requested information about a planning matter. City of York Council (‘the Council’) withheld all the information that it holds under regulation 12(4)(d)(material still in the course of completion). During the Commissioner’s investigation, the Council released some of the requested information to the complainant. It continues to withhold some of the information which it has now said is also excepted from disclosure under regulations 12(3) (third person personal data); 12(5)(b)(course of justice); 12(5)(c)(intellectual property rights) and 12(5)(f)(not in the interests of the person who provided the information). The Commissioner’s decision is that, at the time of the request, the Council correctly applied regulation 12(4)(d) to the requested information and that the public interest favoured withholding this information. The Commissioner does not require the Council to take any steps.
EIR 12(4)(d): Not upheld