Niton and Whitwell Parish Council
14 December 2017, Local government (Parish council)
The complainant has requested the disclosure of an email from a third party which the complainant says was shown to him at a meeting of parish councillors on the Castlehaven Village Green. The complainant has also requested copies of all internal communications regarding himself and his wife. The Commissioner’s decision is that Niton and Whitwell Parish Council is entitled to withhold the email requested by the complainant in his first request in reliance on Regulation 12(5)(b) of the EIR. The Commissioner has decided that the Council is entitled to rely on Section 40(1) of the FOIA or Regulation 5(3) of the EIR, in respect of the complainant’s second request, on the grounds that the information he seeks is his and his wife’s personal data and the public authority has already considered this data under the provisions of the Data Protection Act 1998.
FOI 40:
Not upheld EIR 5(3):
Not upheld EIR 12(5)(b):
Not upheld
