Northumberland County Council

The complainant has requested information held by Northumberland County Council (the council) about various planning matters. The council initially responded to the request under the subject access provisions of the Data Protection Act 2018 (DPA 2018). After receiving further correspondence from the complainant, it then considered the request under the EIR. Whilst the council released some information to the complainant, it advised that it considered the remaining information held to be subject to the exception at regulation 12(5)(f) (interests of the information provider) of the EIR. During the Commissioner’s investigation, the council then revised its position and released the withheld information to the complainant. The Commissioner’s decision is that, on the balance of probabilities, the council has provided the complainant with all of the information held that is relevant to the request. However, as the council failed to provide the relevant information within 20 working days of receipt of the request, and then failed to conduct an internal review within 40 working days, the Commissioner has found a breach of regulation 5(2), and regulation 11(4), of the EIR, respectively.