Hampshire County Council (Local government) [2023] UKICO 218815 (27 June 2023)
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Hampshire County Council
The complainant requested information from Hampshire County Council (“the Council”) relating to road defects and maintenance or inspection logs. The Council disclosed all the information it said it held, with minor redactions for personal data. The complainant disagreed with the redactions and also thought that the Council held more information. The Commissioner’s decision is that not all of the withheld data falls under the definition of personal data. Police reference numbers, police log numbers and incident numbers are not personal data, in the context of this request, and should be dislosed. The Comissioner considers that the Council was entitled to withhold all other data which it identified as ‘personal data’ under regulation 13(1) of the EIR. The Commissioner has also decided, on the balance of probabilities, that the Council holds no further information and has complied with regulation 5(1) of the EIR. The Commissioner requires the the Council to take the following steps to ensure compliance with the legislation. • Disclose the previously redacted police reference numbers, police log numbers and incident numbers or issue a new refusal notice which does not rely on regulation 13(1) to withhold that information. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
EIR 13(1):
Complaint partly upheld
EIR 5(1):
Complaint not upheld
Decision notice: 218815
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URL: http://www.bailii.org/uk/cases/UKICO/2023/218815.html
