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You are here: BAILII >> Databases >> Information Commissioner's Office >> Watford Borough Council (Local government) [2022] UKICO 110758 (27 June 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/110758.html
Cite as: [2022] UKICO 110758
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Watford Borough Council
The complainant requested information from Watford Borough Council (“the Council”) about planning applications relating to a specific address. The Council disclosed some information in response, but withheld the enforcement file relating to the property. Subsequently, during the course of the Commissioner’s investigation, it disclosed the enforcement file. It redacted some information from one document within the enforcement file - “the uniform report” - on the basis that it was third party personal data. Its position was that no other information was held, falling within the scope of the request. Subsequently, it identified a small amount of information which it considered may be relevant to the request but had not been disclosed, specifically three photographs of the property. The Commissioner’s decision is that the Council should have considered the request under the EIR rather than FOIA. With regard to the uniform report, he is satisfied that some information was correctly redacted under the exception for third party personal data: regulation 13 of the EIR. However, since it failed to disclose the three photographs at the time of the request, the Council has breached regulation 5(2) of the EIR. The Commissioner has decided that the photographs located by the Council fall within the scope of the request and should be considered for disclosure, as set out below. Apart from these photographs, he is satisfied that, on the balance of probabilities, the Council holds no further relevant information. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: disclose to the complainant, or cite a valid EIR exception under which they may be withheld, the three photographs that it has located during the course of the Commissioner’s investigation.EIR 12(4)(a): Complaint not upheld EIR 13: Complaint not upheld EIR 5(2): Complaint upheld EIR 2(1): Complaint upheld
Decision notice: 110758