Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lake District National Park Authority (Local government) [2018] UKICO fs50738940 (17 October 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50738940.html
Cite as: [2018] UKICO fs50738940

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Lake District National Park Authority

The complainant requested information relating to traffic monitoring data near Little Langdale. The Lake District National Park Authority (LDNPA) cited section 22 (intended for future publication) of FOIA to refuse the request. The Commissioner’s decision is that the request should have been handled under the EIR. LDNPA reconsidered the request under the EIR and confirmed it considered the withheld information to be exempt under regulation 12(4)(d) - material still in the course of completion. The Commissioner’s decision is that regulation 12(4)(d) is engaged but, in the specific circumstances of this case, the public interest in disclosure of the requested information outweighs the public interest in maintaining the exception. The Commissioner requires the public authority to provide the complainant with the requested information. 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 12(4)(d): Complaint upheld

Decision notice: fs50738940