ICO Publishes PSI landmark Decision Notices
The UK Information Commissioner’s Office (ICO) has published two decision notices that have upheld complaints made against Stoke City Council and East Riding of Yorkshire Council. The two Council’s have 35 days to comply otherwise the ICO will refer the Councils concerned to the High Court.
Decision Notice re East Riding of Yorkshire Council
Summary (Copied from the Decision Notice Reference: FER0236058)
"The complainant made a request to inspect the building control and traffic schemes information within 200 metres of a named address. The Council agreed to provide the information requested but only on the provision of a fee based on the property search regulations. The Council argued that it was allowed to charge for the information under regulation 8(1) as the information was not in a public register and could not be inspected without further collation by the Council. The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot charge for the information by virtue of regulation 8(2)(b). The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice."
Decision Notice re Stoke City Council
Summary (Copied from the Decision Notice Reference: FER0240911)
"The complainant made a request to inspect the building control and traffic schemes information within 200 metres of a named address. The Council refused to grant inspection of the information stating that as the information was available through the completion of a standard search form (CON29) and on payment of a fee based on the property search regulations, regulation 6(1)(b) removed the need to comply with regulation 5(1). The Commissioner has investigated and found that the request is a request to inspect environmental information but that the Council cannot use regulation 6(1)(b) to refuse the request to inspect the information. The Council must make the information available for inspection in accordance with regulation 5(1) within 35 calendar days of this notice."
Complaint against East Riding of Yorkshire Council
Complaint against Stoke City Council
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