The complainant requested information relating to a letter sent to their client by the council. Rochdale Metropolitan Borough Council (“the council”) refused to confirm or deny whether any information is held by it under section 40(5B) of FOIA, (Personal data). The Commissioner’s decision is that the information falls within the definition of environmental information for the purposes of the EIR. Furthermore, the Commissioner has decided that the council was not able to rely upon the equivalent exception to section 40(5B) of FOIA, Regulation 13(5A), to neither confirm nor deny whether relevant information is held by it. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: To issue a fresh response to the complainant under the EIR, without applying Regulation 13(5A).