Milton Keynes Council (Local government) [2020] UKICO fs50872516 (21 July 2020)
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Milton Keynes Council
The complainant requested information relating to a planning application, held by Building Control, from Milton Keynes Council (“the Council”). The Council initially responded under the Freedom of Information Act 2000 (“the FOIA”) and provided some information, but withheld other information under various exemptions. After reconsidering the request under the EIR, the Council’s position was that the information it had withheld was exempt from disclosure under regulation 13 – personal information. It also stated that some information about concerns raised by Building Control was not held. The Commissioner’s decision is that because the Council initially failed to consider the request under the correct access regime, it breached the requirements of regulation 5(2) of the EIR. Regarding the information requested about concerns raised by Building Control, she has determined that on the balance of probabilities, it is not held. Regarding the withheld information, the Commissioner is satisfied that it comprises third party personal data. However, she has determined that some of this data may lawfully be disclosed, for the reasons set out in this notice. She has determined that the remainder of the third party personal data was correctly withheld under regulation 13. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: Disclose the information described in paragraph 71 of this notice.
EIR 12(4)(a):
Complaint not upheld
EIR 13:
Complaint partly upheld
EIR 5(2):
Complaint upheld
Decision notice: fs50872516
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50872516.html
