Information Commissioner's Office

Ryedale District Council

14 February 2017, Local government (District council)

The complainant has requested copies of correspondence between Ryedale District Council (“the council”) and several third parties, relating to fracking in the local area.  The council initially responded that it did not hold any relevant information. Following the Commissioner’s intervention, the council reviewed the matter and found a small amount of information which it disclosed to the complainant. It stated that it did not hold any further information which fell within the scope of the request. In failing to disclose at the time of the request information that it did hold, the council breached regulation 5(2) of the EIR. The Commissioner also decided that the council does hold further information which falls within the scope of the request, which it has not yet disclosed to the complainant. The Commissioner requires the council to disclose to the complainant or cite a valid EIR exception under which it may be withheld, the email shown in a confidential annex to this decision notice.

EIR 5(2): Upheld EIR 12(4)(a): Upheld