Rhondda Cynon Taf County Borough Council

The complainant requested all internal flooding investigations and reports following flooding at a named property from Rhondda Cynon Taff County Borough Council (the Council). The Council originally considered the request under the Freedom of Information Act 2000 (the FOIA) and cited section 21 (information accessible to the applicant by other means). However, during the course of the Commissioner’s investigation, the Council reconsidered the request under the EIR and cited regulation 12(5)(b) (the course of justice) to refuse the request. The Commissioner’s decision is that the information held relevant to this request is the complainant’s own personal data and that regulation 5(3) therefore applies.