Rotherham Metropolitan Borough Council (Local government) [2022] UKICO ic-109346 (25 April 2022)
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Rotherham Metropolitan Borough Council
The complainant requested correspondence regarding the planning history at a specified address. Rotherham Metropolitan Borough Council relied on Regulation 13 (third party personal data), Regulation 5(3) (personal data of the requestor) and Regulation 12(4)(e) of the EIR (internal communications). The Commissioner’s decision is that some of the requested information is the requestor’s own personal data and is thus exempt under Regulation 5(3) of the EIR. The remaining information is the personal data of a third party and is mostly exempt under Regulation 13. However some of the information appears to be information that should be published on the Council’s planning portal, but isn’t. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose, to the complainant, any of the emails within the withheld information that should be visible on the Council’s planning portal, with appropriate redactions for personal data.
EIR 13:
Complaint partly upheld
EIR 5(3):
Complaint not upheld
Decision notice: ic-109346
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-109346.html
