High Peak Borough Council (Local government) [2023] UKICO 175677 (17 January 2023)
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High Peak Borough Council
The complainant requested information about a specific piece of land referred to in the minutes of two meetings. High Peak Borough Council (the Council) withheld the information under regulations 12(4)(e) (internal communications) and 12(5)(b) (course of justice). The Commissioner’s decision is that some of the information constitutes the complainant’s own personal data, and as such regulation 5(3) of the EIR applies. The Commissioner has also determined that the Council has correctly applied regulations 12(4)(e) and 12(5)(b) to the withheld information. However, the Commissioner also finds that the Council failed to respond to parts 8 to 12 of the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the Council to issue a substantive response to parts 8 to 12 of the request in accordance with its obligations under the EIR.
EIR 12(5)(b):
Complaint not upheld
EIR 5:
Complaint upheld
EIR 12(4)(e):
Complaint not upheld
Decision notice: 175677
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URL: http://www.bailii.org/uk/cases/UKICO/2023/175677.html
