Brighton and Hove City Council (Local government) [2020] UKICO IC-40950 (15 December 2020)
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Brighton and Hove City Council
The complainant has asked for email correspondence which concerns parking permits, which passed between Brighton and Hove City Council and the Information Commissioner’s Office between I October 2019 and 14 February 2020. The Council repeatedly failed to respond to the complainant’s request until it finally disclosed all of the information it holds which falls within the scope of the complainant’s request. The Council’s disclosures were not made via its FOI Disclosure Log. The Commissioner has decided that the information which the complainant has asked for is comprised of his own personal data. As such, the Commissioner’s decision is that the Council has breached section 17(1) of the FOIA by failing to give the complainant a refusal notice which cited section 40(1) of the Act and an explanation of why that exemption applies. No such refusal notice was given within the twenty working days compliance period provided by section 10 of the FOIA. The Commissioner has therefore decided that the Council has also breached section 10.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
Decision notice: IC-40950
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-40950.html