Powys County Council
- Date 9 October 2019
- Sector Local government
- Decision(s) EIR 13: Not upheld, EIR 5.3: Not upheld
The complainant requested information about a planning enforcement complaint relating to his property. Powys County Council (‘the Council’) stated that the information requested was exempt under section 41 of the FOIA. During the course of the Commissioner’s investigation, the Council agreed that the correct access regime for the request was the EIR as opposed to the FOIA. The Council then sought to rely on regulations 12(5)(f) and 13 to withhold the information requested. The Commissioner has investigated and found that the information is exempt from disclosure under regulations 5(3) and 13(1) as it contains the personal data of the complainant and the personal data of third parties. The Commissioner does not require any steps to be taken.