Royal Borough of Kingston upon Thames

The complainant requested details of pre-planning advice provided on a particular redevelopment scheme for Surrey County Council’s County Hall. The Royal Borough of Kingston upon Thames relied on numerous exceptions before finally settling on Regulation 12(5)(d) of the EIR (confidentiality of proceedings) to withhold the requested information. The Commissioner’s decision is that the Royal Borough has not demonstrated that Regulation 12(5)(d) of the EIR is engaged and is therefore not entitled to rely on the exception. The Commissioner requires the Royal Borough to take the following steps to ensure compliance with the legislation. Disclose the email of 6 February 2020 with appropriate personal data redactions. Information Tribunal appeal EA/2021/0353/GDPR appeal struck out.