Harrogate Borough Council

The complainant had requested information from the council relating to electronic back up data for previous versions of an enforcement file to demonstrate what alterations took place on the file after it had been closed. The council said that the back-up tapes were not held for the relevant period due to a server failure. The complainant therefore requested any information held by the council relating to the server failure. The council said that no information was held on the server failure. The Commissioner’s decision is that, on a balance of probabilities the council has correctly applied section 1(1)(a) as it does not hold the information which the complainant has requested. The Commissioner does not require the council to take any steps. Information Tribunal appeal EA/2016/0191 allowed.