Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Wandsworth (Local government) [2023] UKICO 165431 (19 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/165431.html
Cite as: [2023] UKICO 165431

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London Borough of Wandsworth

The complainant requested information from the London Borough of Wandsworth (“the Council”) about correspondence sent by the Council to a freeholder company (the “named company”) of three blocks of flats, regarding a planning matter. The Council initially handled the request under FOIA and disclosed some of the information requested but refused to provide an email chain citing the personal information exception under section 40(2) of FOIA. The Council subsequently disclosed the email chain but with redactions, still citing section 40(2) of FOIA. During the course of the Commissioner’s investigation, the Council accepted that it should have cited the equivalent EIR exception for personal data (regulation 13(1) of the EIR) to redact the personal data of third parties from the email chain. The Commissioner’s decision is that the Council was correct to apply regulation 13(1) of EIR to the personal data of third parties from the email chain. The Council breached the requirements of regulation 5(2) in that it did not initially disclose information within 20 working days and regulation 11(4) by failing to conduct an internal review within 40 working days. The Commissioner requires no steps to be taken.

EIR 13(1): Complaint not upheld

Decision notice: 165431