Western Power Distribution (Other) [2020] UKICO fer0839491 (7 January 2020)

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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0839491.html

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Western Power Distribution

The complainant has requested information from Western Power Distribution (“WPD”) relating to the proposed construction of a wall on his land. WPD refused to provide the requested information, withholding it under regulation 12(4)(e)(internal communications), regulations 12(5)(b)(the course of justice), 12(5)(e)(confidentiality of commercial or industrial information), 12(5)(f)(interests of the information provider) and 13(1)(personal data). Subsequently WPD confirmed that it did not hold part of the requested information. The Commissioner’s decision is that WPD has correctly withheld the information under the exceptions at regulations 12(4)(e), 12(5)(b), 12(5)(f) and 13(1). However, the Commissioner finds that WPD breached the legislation by not responding to the complainant within 20 working days and by failing to confirm that part of the information was not held. The Commissioner requires the public authority to take no further steps. Information Tribunal appeal EA/2020/0049 under appeal.

EIR 13(1): Complaint not upheld EIR 12(5)(b): Complaint not upheld EIR 12(4)(e): Complaint not upheld EIR 5(2): Complaint upheld EIR 12(5)(f): Complaint not upheld

Decision notice: fer0839491

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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0839491.html