Norfolk County Council

The complainant has requested correspondence about works to a ditch at Toft Monks. Norfolk County Council (‘the Council’) originally relied on regulation 12(4)(b) of the EIR to refuse the request as manifestly unreasonable. However it subsequently withdrew its reliance on that exception and disclosed the relevant information it holds, with personal data redacted. The Commissioner’s decision is as follows: The Council correctly applied regulation 13(1) of the EIR to the majority of the information it is withholding as it is the personal data of third parties and disclosing it would be unlawful. The Council breached regulation 14(2) as it did not issue the complainant with a refusal notice within the required timescale. The Council also breached regulation 14(3)(a) as it incorrectly applied regulation 13(1) to information that is the complainant’s own personal data. However, under regulation 5(3) of the EIR the Council is not obliged to disclose that particular information. Finally, the Council breached regulation 11(4) of the EIR is it did not provide an internal review within the required timescale. The Commissioner does not require the Council to take any corrective steps.