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You are here: BAILII >> Databases >> Information Commissioner's Office >> Hastings Borough Council (Local government) [2021] UKICO IC-39935 (26 March 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-39935.html
Cite as: [2021] UKICO IC-39935
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Hastings Borough Council
The complainant has requested copies of correspondence sent between Hastings Borough Council (the council) and East Sussex County Council (ESCC) about footpath closures, landslips and land stability within a local country park since 2011. The council provided the complainant with some information in response to his request; however, it advised that certain information had been withheld under regulation 12(5)(b) and 12(5)(e) of the EIR. In addition, the council confirmed that redactions had been made to the copies of correspondence that had been released where the information did not fall within the scope of the request. During the course of the Commissioner’s investigation, the council released some additional information to the complainant. It advised that it still regarded some information to be exempt from disclosure on the basis that it was the personal data of third parties, or was subject to legal professional privilege. The Commissioner’s decision is that, on the balance of probabilities, the council has identified all the information that it holds which is relevant to the request. However, aside from one email which the Commissioner regards to fall outside the scope of the request, the council is not entitled to withhold any of that information which it claimed was exempt from disclosure. This includes the information which was redacted by the council in its original responses to the complainant on the basis that it did not fall within the scope of the request. The Commissioner also finds that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice to the complainant within 20 working days of receipt of the request. As the council did not provide a response to the complainant’s internal review request within 40 working days, it has also failed to comply with the requirements of regulation 11(4). Furthermore, whilst the council did provide some information in its original response to the complainant’s request, its failure to do so within 20 working days is also a breach of regulation 5(2) of the EIR. The Commissioner requires the council to release the information listed within the Confidential Annex attached to this decision notice.EIR 11(4): Complaint upheld EIR 12(5)(b): Complaint upheld EIR 13: Complaint upheld EIR 5(2): Complaint upheld EIR 14(2): Complaint upheld
Decision notice: IC-39935