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Bristol City Council (Local government) [2023] UKICO 212507 (10 August 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/212507.html
Cite as:
[2023] UKICO 212507
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Bristol City Council
The complainant requested various information in respect of a members briefing held on 17 August 2022 by Bristol City Council (the ‘Council’). The Council provided some information, but refused to provide the video of the briefing, originally relying on section 40(2) of the FOIA (personal information) to withhold the information. During the course of the Commissioner’s investigation the Council amended its position and reconsidered the request under the EIR. It continued to withhold the video recording on the basis that it contained personal information (regulation 13) but also cited regulation 12(4)(e) (internal communications) as a further exception to the whole of the recording. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(e) to withhold the video recording. However, the Commissioner has also recorded a breach of regulation 5(2) as the Council failed to respond to the request within the required timescales.
EIR 5(2):
Complaint upheld
EIR 12(4)(e):
Complaint not upheld
Decision notice:
212507