Brentwood Borough Council

The complainant requested information concerning alterations being made to the interior of a neighbouring property. Brentwood Borough Council (the ‘Council’) refused the request on the grounds that it was the personal data of the owner of that property and that disclosure would be unfair to that individual. The Information Commissioner’s (the ‘Commissioner’) decision is that the Council was correct to refuse the request as the exemption provided by section 40(2) of the FOIA was engaged. The Council is not, therefore, required to disclose this information. The Council is, however, reminded to handle requests for information in accordance with FOIA as it failed to fully explain why the exemption was engaged and did not issue a proper refusal notice. Information Tribunal appeal EA/2013/0055 allowed.