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Gravesham Borough Council

  • Date 10 January 2022
  • Sector Local government
  • Decision(s) EIR 11.4: Upheld, EIR 13: Not upheld, EIR 14(2): Upheld, EIR 5.3: Not upheld

The complainant has requested information held by Gravesham Borough Council (the council) about flooding to his land. Whilst the council provided the complainant with some information in response to the request, it is the Commissioner’s decision that parts 1, 3, 4 and 5 of the request involve the complainant’s own personal data, and are therefore exempt under regulation 5(3) of the EIR. With regard to part 2 of the request, the Commissioner is satisfied that this is third party personal data, and that the council is entitled to rely on regulation 13 of the EIR when withholding this information. The Commissioner has found a breach of regulation 14(2), and regulation 11(4), of the EIR, as the council failed to issue both a refusal notice, and carry out an internal review, within the statutory timescales. The Commissioner does not require the council to take any steps as a result of this decision notice.