Selby District Council (Local government) [2021] UKICO ic-76146 (23 November 2021)
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Selby District Council
The complainant has requested information about a pre-planning application enquiry received by Selby District Council (‘SDC’). SDC disclosed much of the requested information, with redactions for personal data. SDC withheld email correspondence between the council and the applicant’s agent regarding the enquiry, in its entirety, citing regulation 13(1) (Personal data) of the EIR. The complainant said that personal data could be redacted from the correspondence, which she believed would permit its disclosure. Having excluded the names and contact information in the emails from the scope of the complaint, the Commissioner concluded that the remaining withheld information still comprised personal data. However, she found there is an Article 6 basis for processing and so the disclosure of the information would be lawful. Her decision is therefore that SDC was not entitled to rely on regulation 13(1) of the EIR to withhold the email correspondence. The Commissioner requires SDC disclose the email correspondence between the parties regarding the permitted development enquiry, with all names and contact details for the applicant, their agent and the SDC officer, redacted.
EIR 13(2):
Complaint upheld
Decision notice: ic-76146
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-76146.html
