Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Vale of Glamorgan Council (Local government) [2023] UKICO 209432 (28 June 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/209432.html
Cite as: [2023] UKICO 209432

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Vale of Glamorgan Council

The complainant made a six-part request to the Vale of Glamorgan Council (the Council). Their complaint focuses on part one, a request for “all recorded information” between two named people – a Council official and a developer. Whilst the Council has disclosed some information to the complainant in response to part one of the request, the complainant is concerned about the Council withholding parts of an email chain of March 2022 (the email chain). The Council handled the whole six-part request under the Freedom of Information Act 2000 (FOIA). It cited section 43(2) of FOIA (commercial interests) in relation to the email chain. The Council has said that if the EIR (not FOIA) apply to the request, the Council would refuse disclosure under regulation 12(5)(e) (the exception for commercial confidentiality). The Council also said to the Commissioner during his investigation that parts of the email chain were withheld because they are not relevant. The Commissioner finds that the information within scope of this case (the email chain) falls under the EIR, so the Council considered it under the wrong access regime. The Commissioner considers that all of the information within the email chain is relevant to the request. The Commissioner finds that the Council has failed to demonstrate that regulation 12(5)(e) of the EIR is engaged. The Commissioner finds that the Council breached regulation 14(2) of the EIR as it failed to issue a refusal notice within 20 working days. The Commissioner requires the Council to disclose the email chain, subject to any appropriate redactions for personal data, to ensure compliance with the legislation.

EIR 12(5)(e): Complaint upheld EIR 14(2): Complaint upheld

Decision notice: 209432