Brighton and Hove City Council (Local government) [2019] UKICO fs50810697 (9 September 2019)
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Brighton and Hove City Council
The complainant requested information from Brighton and Hove City Council (“the Council”) about an access ramp installed at a neighbouring property, including whether any information was held regarding planning procedure allegedly not being followed. The Council provided him with some information but withheld some under the exemption at section 40(2) of the FOIA – third party personal data. It stated that some information was not held. The Commissioner’s decision is that the Council does not hold any information relating to procedure not being followed and it correctly withheld some information under section 40(2) of the FOIA. However, some of the information withheld under this exemption can be disclosed in anonymised form, with third party personal data redacted. The Council also breached section 10(1) of the FOIA, since it did not provide a response to the request within the statutory time for compliance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the email exchange, quotation and form MA1 as described in this notice, redacted for personal information in accordance with paragraph 80 of this notice.
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: fs50810697
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50810697.html
