Fermanagh & Omagh District Council

The complainant has requested information from Fermanagh and Omagh District Council (“the Council”) in relation to the investigation process for the assertion of a public right of way in County Tyrone, Northern Ireland.  The Council disclosed the requested information, with some information redacted under section 40(2) of the FOIA.  The Commissioner’s decision is that the Council wrongly handled the request under the FOIA. In failing to consider the request under the EIR, it breached the requirement of regulation 14 of the EIR. The Commissioner finds that the Council was entitled to rely on regulation 13 (personal information) of the EIR to withhold the withheld information. No steps are required.