Bristol City Council (Local government) [2022] UKICO ic-121557 (28 February 2022)
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Bristol City Council
1. The complainant requested information from Bristol City Council (“the Council”) about plans for all phases of a particular residential development, along with the Health & Safety file for the development. 2. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act (FOIA). During the course of the Commissioner’s investigation the Council amended its position relying on the Environmental Information Regulations 2004 (EIR) cited below: • Regulation 12(3) – Personal data of an individual other than the applicant • Regulation 12(4)(a) – Information is not held • Regulation 12(4)(b) – Manifestly unreasonable • Regulation 12(5)(a) – Disclosure would adversely affect public safety • Regulation 12(5)(e) - Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest 3. The Commissioner’s decision is that the complainant’s entire request can be categorised as manifestly unreasonable under regulation 12(4)(b) of the EIR, by virtue of cost, and the public interest favours maintaining this exception. 4. The Commissioner does not require the public authority to take any further steps.
EIR 12(4)(b):
Complaint not upheld
Decision notice: ic-121557
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-121557.html
