Information Commissioner's Office

Lancashire County Council

19 September 2017, Local government (County council)

The complainant has requested information relating to an application for a Definitive Map Modification Order (a ‘DMMO’). The council provided some information however it applied section 12(4)(d) to other information, and Regulation 13 to details of the correspondence it holds (personal data). During the course of the investigation the council withdrew its reliance upon Regulation 12(4)(d) and provided further information to the complainant. The complainant however considers that further information must be held by the council falling within the scope of his request. The complainant also complained about the council’s delay in providing the information and its delay in carrying out a review of its response to his request. The Commissioner’s decision is that the council was correct to apply Regulation 13 to the addresses and the identity of individuals who provided evidence for the DMMO consideration. She also considers that it was correct to apply Regulation 13 to the identities and contact details of officers other than a Director, a Principal Lawyer and a Public Rights of Way Manager. She has also decided that on a balance of probabilities no further information is held by the council falling within the scope of this request. However the Commissioner has decided that the council did not comply with the requirements of Regulation 5(2) and Regulation 11(4) and (5) in responding to the request for review. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The disclose copies of the correspondence disclosed to the complainant previously with the names of the Director, the Principal Lawyer and the Public Rights of Way Manager unredacted.

EIR 12(4)(a): Partly upheld EIR 13: Partly upheld EIR 5(2): Upheld EIR 11(4): Upheld EIR 11(5): Upheld