ICO makes landmark decision
The Association of Independent Personal Search Agents (IPSA) has published a press release titled: Information Commissioner (ICO) upholds complaints from Private Search Companies on charging for property searches and the Environmental Information against Local Government.
The press release states:
“The ICO has today published two section 50 rulings today against Local Authorities in England and The UK Association of Independent Personal Search Agents (IPSA) welcomes the landmark decisions.
East Riding of Yorkshire – The ICO has ruled Building Control and Traffic data is EIR and the Local Authority must make the data available in 35 days.
Stoke City Council - The ICO has ruled Building Control and Traffic data is EIR and the Local Authority must make the data available in 35 days.
Failure to comply by either Local Authority may result in the ICO making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Steve Davies, Chief Executive Officer of IPSA, explained “The ICO stated the charges and access implemented by the Local Authorities was a barrier to data access and unsatisfactory, along with the guidance issued last week our whole case has been fully supported.”
The Local Authorities have 28 days to appeal against the decisions, however Chairman of IPSA, Christian Lister commented “IPSA welcomes the key decisions made today by the Information Commissioner, Central and Local Government must now take onboard the message we have been communicating for 3 years, the data should be made available under the Environmental Information Regulations. As an industry we may seek reimbursement of all the fees paid since the introduction of the charging regulations.””
Related news topics
Property Searches - new guidance published
UK Labour: Communities and Local Government charging regime for data unravels
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