Thanet District Council

The complainant requested documents and emails relating to the transfer of Thanet District Council’s (the ‘Council’) public toilets and their management to a named third party. Ultimately, the Council provided some information with redactions for personal data under Regulation 13(1) of the EIR (the personal data exception). The Council withheld the remaining information (an email and attached spreadsheet) in full citing Regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the request was correctly handled under the EIR and that the Council has properly relied on Regulation 13(1) of the EIR. The Commissioner has recorded a breach of Regulation 11(4) of the EIR as a result of the Council’s failure to provide its internal review within the required timescale. The Commissioner has found that the Council has failed to demonstrate that the exception in Regulation 12(5)(e) of the EIR is engaged. The Commissioner requires the Council to disclose the information withheld under Regulation 12(5)(e) within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.