British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Ealing (Local government) [2019] UKICO fs50719047 (8 January 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50719047.html
Cite as: [2019] UKICO fs50719047
[New search] [Printable PDF version] [Help]
London Borough of Ealing
The complainant has requested information concerning the internal planning procedures of London Borough of Ealing (the Council). The Council provided the complainant with relevant information held but withheld some information under regulation 13 (personal information) of the EIR. The Commissioner’s decision is that, following her investigation, the Council provided the complainant with all the relevant information held except that exempt under regulation 13 (third party personal data). However, the Council incorrectly applied the exception to the sender/recipient details of emails sent to and received by the applicant in the planning matter related to the complainant’s request. The Commissioner therefore requires the Council to take the following steps to ensure compliance with the legislation. Provide the complainant with the sender/recipient details of emails sent to and received by the applicant. The Council 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. The Commissioner has also found that in handling the complainant’s request, the Council breached regulation 5(1) and 5(2) of the EIR by failing to make environmental information available. The Council also unreasonably and excessively delayed in providing the information to the complainant. Additionally, the Council breached regulation 11(4) and 11(5) by failing to conduct an internal review within 40 working days.EIR 11(4): Complaint upheld EIR 11(5): Complaint upheld EIR 5(1): Complaint upheld EIR 5(2): Complaint upheld
Decision notice: fs50719047