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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Southwark (Local government) [2024] UKICO 292877 (10 December 2024) URL: https://www.bailii.org/uk/cases/UKICO/2024/292877_.html Cite as: [2024] UKICO 292877 |
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Link for IOC full Decision notice pdf file: London Borough of Southwark (Local government) [2024] UKICO 292877 (10 December 2024)
The complainant has requested that London Southwark Council ("the public authority") provide him with information about vacant land in London. The public authority denied holding some of the requested information. It released some of the requested information it did hold but withheld the remainder by relying on the following exceptions;
● Regulation 5(1) - (Information not held)
● Regulation 12(3) - (Personal data of a person other than the applicant)
● Regulation 12(5)(b) - (The course of justice, etc)
● Regulation 12(4)(e) - (Internal communications).1. The Commissioner's decision is that the
● Public authority has not complied with its obligations under regulation 5(1).
● Regulation 12(5)(b) was engaged and the public interest favoured maintaining the exception.
● Regulation 12(4)(e) was not engaged for some information but where it was the public interest favoured maintaining the exception.
● The public authority was entitled to rely on regulation 12(3) of the EIR to withhold requested information.2. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
● The public authority is required to carry out further searches aimed at identifying all the information it holds falling within the scope of the request, and to issue the complainant with a new response as required by the EIR.
● Disclose the requested information that had been withheld under regulation 12(4)(e) where the Commissioner found the exception not to be engaged.