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Stockton on Tees Borough Council (Local government) [2023] UKICO 265566 (26 October 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/265566.html
Cite as:
[2023] UKICO 265566
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Stockton on Tees Borough Council
The complainant originally requested, from Stockton-on-Tees Borough Council (the Council), information not available on the planning portal about a specific planning application. The Council refused to disclose any information, citing regulations 5(3) and 13(1) (personal data), 12(4)(e) (internal communications) and 12(5)(f) (interests of the person who provided the information). Following the Commissioner’s intervention, the Council ultimately issued a revised response to the request, disclosing information and saying the only information now being withheld is the personal data of third parties. The complainant has not disputed the withholding of third party personal data but does not accept that the Council has disclosed all of the information to which they are entitled. The Commissioner considers that, on the balance of probabilities, the Council does not hold any further information falling within scope of the request. However he finds a breach of regulation 5(2) of the EIR regarding some information that was not disclosed until the Commissioner’s investigation. The Commissioner does not require any further steps as a result of this decision notice.
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice:
265566