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Decision Summary

  • Case Ref: FS50199873
  • Date: 30 April 2009
  • Public Authority: Cardiff Council
  • Summary: The complainant made a request for a petition supporting a proposed footpath submitted to Cardiff County Council (‘the Council’) by a local Councillor. This was refused under section 40 of the Act on the grounds that the information requested constituted personal data of which the applicant was not the subject, and that disclosure of the information would breach one of the data protection principles. The Commissioner’s decision is that the information requested is ‘environmental information’ within the definition in Regulation 1(1) of the EIR. The Commissioner is satisfied that regulation 13 (which relates to third party personal data) is engaged in respect of the information, and that the public interest in maintaining the exception outweighs the public interest in disclosing the information. However the Commissioner further finds that the Council was in breach of regulation 14(3)(a) in that it failed to apply an exception under the EIR and regulation 11(4) in that the Council failed to provide the outcome of its internal review within 40 working days.
  • View PDF of Decision Notice: [1]