Prestatyn Town Council

The complainant has requested information about settlements; both specifically and more generally. Prestatyn Town Council (‘the council’) initially refused the entire request under several exemptions including sections 36, 40 and 43 of FOIA. These exemptions concern prejudice to effective conduct of public affairs, personal data, and commercial interests, respectively. During the Commissioner’s investigation the council clarified that it relied on section 40(5B) in respect of three parts of the request. It has also now confirmed that it doesn’t hold information within scope of the fourth and final part of the request. The Commissioner’s decision is that the council is entitled to neither confirm nor deny it holds the information requested in parts 1, 2 and 3.1 of the request under section 40(5B) of FOIA. Confirming or denying the information is held would unlawfully disclose personal data. The council’s response to part 3.2 of the request didn’t comply with sections 1(1)(a) and 10(1) of FOIA as it didn’t confirm within the statutory time frame that it doesn’t hold this information. It’s not necessary for the council to take any steps; section 40(5B) is upheld and the part 3.2 breach has been remedied through this notice.