London Borough of Barnet Council

The complainant requested information held by the London Borough of Barnet (the council) about a planning enforcement matter relating to a particular property. Whilst the council provided the complainant with some information in response to their request, it refused to provide the remaining information, citing the exceptions at regulation 6(1)(b) (form and format of information), regulation 13 (third party personal information), and regulation 12(5)(b) (course of justice), of the EIR. The Commissioner has found that regulation 6(1)(b) is not engaged, but that the council has complied with its obligations under regulation 5 of the EIR in respect of that information which is already publicly accessible. The Commissioner has also decided that part of the requested information is the complainant’s own personal data, and that the council is entitled to rely on regulation 5(3) (personal information of the requester) to withhold this information. With regard to all the remaining information, the Commissioner is satisfied that the council is entitled to rely on regulation 13 to withhold this information.