Devon County Council

The complainant has requested information held by Devon County Council (the council) about a public footpath. The council initially refused the request under section 41(1) – information provided in confidence - of the Freedom of Information Act 2000 (FOIA). At the internal review stage, the council provided the complainant with some information, and confirmed that it was now withholding the remaining information under section 40(1) – personal data of the requester, and section 40(2) – personal data of third parties. The council subsequently provided the complainant with copies of their personal data in response to a subject access request. During the Commissioner’s investigation the council advised that it was now relying on the exception at regulation 13(1) – third party personal information – of the EIR, as its basis for refusing to provide the remaining withheld information. The Commissioner considers the EIR to be the correct information access regime, and he is satisfied that the council is entitled to rely on regulation 13(1), of the EIR as its basis for refusing to provide the remaining withheld information. The Commissioner considers that the council has, on the balance of probabilities, identified all of the information held that falls within the scope of the request. However, as the council failed to release information to the complainant within the required 20 working days, and also failed to issue a refusal notice within the same statutory time period, the Commissioner has found a breach of regulation 5(2) and regulation 14(2) of the EIR, respectively.