Greater London Authority (Local government) [2023] UKICO 222668 (10 May 2023)
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Greater London Authority
The complainant has asked about the environmental standards of the Mayor’s cars. The above public authority relied on sections 38 (health and safety) and 31 (law enforcement) of FOIA to refuse to confirm or deny that the information was held. The Commissioner’s decision is that the public authority should have dealt with the request under the EIR although part b) is not a valid request for recorded information. He is not satisfied that the public authority is entitled to rely on either regulation 12(6) – national security – or regulation 13 – personal data – of the EIR to refuse to confirm or deny that the information is held. The public authority also breached regulation 14 of the EIR by failing to rely on an EIR exception within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Confirm or deny whether it holds information within the scope of elements a) and c) of the request. If and to the extent that it does hold information, it must either disclose that information or issue a refusal notice that complies with regulation 14 of the EIR.
EIR 12:
Complaint upheld
EIR 13:
Complaint upheld
EIR 14:
Complaint upheld
Decision notice: 222668
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URL: http://www.bailii.org/uk/cases/UKICO/2023/222668.html