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You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Merton (Local government) [2025] UKICO 336155 (1 April 2025) URL: https://www.bailii.org/uk/cases/UKICO/2025/336155.html Cite as: [2025] UKICO 336155 |
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Link for IOC full Decision notice pdf file: London Borough of Merton (Local government) [2025] UKICO 336155 (1 April 2025)
The complainant has requested information about a neighbourhood dispute. The above public authority provided some information, but relied on sections 41 (breach of confidence) and 40(2) of FOIA (third party personal information) to withhold the remainder. The Commissioner's decision is that: the requested information is environmental and so the request should have been dealt with under the EIR; and the public authority was entitled to rely on regulation 13 of the EIR to withhold some, but not all of the information; and the public authority should have relied on regulation 5(3) of the EIR to withhold those parts of the requested information that were the complainant's own personal information; and on the balance of probabilities the public authority holds no further information within the scope of the request; and the public authority breached regulations 5(2) and 14 of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose a copy of the information it has withheld, redacted in accordance with the redactions identified by the Commissioner on 10 March 2025. Keywords: rights of way