Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Durham County Council (Local government) [2023] UKICO 251514 (7 December 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/251514.html
Cite as: [2023] UKICO 251514

---

[New search] [Printable PDF version] [Help]

---

Durham County Council

The complainant requested information held by Durham County Council (the council) about repairs carried out on a particular footpath. The council initially refused the complainant’s request, citing regulation 12(4)(e) – internal communications, and regulation 12(5)(b) – course of justice, of the EIR. At the internal review stage, the council advised that it now considered that it had previously misunderstood what the complainant required, and provided some information in response to the request. During the Commissioner’s investigation, the council located additional information and disclosed this to the complainant. The council also confirmed that it was withholding some information that was the personal data of third parties under regulation 13 of the EIR. The Commissioner’s decision is that the council has correctly withheld information under regulation 13. Furthermore, he considers that, on the balance of probabilities, the council has provided the information held that is relevant to the request, and has complied with its obligations under regulation 5(1) of the EIR. However, as the council failed to release all of the relevant information within 20 working days, the Commissioner has found a breach of regulation 5(2) of the EIR.

EIR 13: Complaint not upheld EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld

Decision notice: 251514