Latest ICO decision notices

Case Ref: FS50102786
Date: 21/11/2006
Public Authority: Doncaster MBC
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld , EIR 9 - Complaint Upheld , EIR 14 - Complaint Upheld
Full transcript of decision notice FS50102786

This recently published decision by the ICO under the Environmental Information Regulations is important reading for practitioners in that it focuses again on the issue of whether information is "held".

In the Doncaster case the complaint related to noise data that Doncaster MBC had access to (rather than physically held). The decision draws upon the Information Tribunal decision (Mr G Marlow v Information Commissioner 31/8/06), the Marlow case was under FOIA but covered similar issues (access to information held on an online legal database).

The decision also illustrates a more rigorous approach that the ICO is now taking to investigations and this is being documented in the decision notcies in greater detail; details about how the ICO case officer and an IT specialist visited the premises of Doncaster MBC to investigate for example.

Other decisions issued this month:

Case Ref: FS50071319
Date: 22/11/2006
Public Authority: Warwick District Council
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld , FOI 41 - Complaint Not upheld , FOI 42 - Complaint Not upheld
Full transcript of decision notice FS50071319

Case Ref: FS50088779
Date: 22/11/2006
Public Authority: The Governing Body of Garforth Community College
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld , FOI 40 - Complaint Not upheld
Full transcript of decision notice FS50088779

Case Ref: FS50105898
Date: 21/11/2006
Public Authority: HM Treasury
Section of Act/EIR & Finding: FOI 29 - Complaint Not upheld , FOI 35 - Complaint Not upheld
Full transcript of decision notice FS50105898

Case Ref: FS50125936
Date: 21/11/2006
Public Authority: Marine Accident Investigation Branch part of Department for Transport
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld
Full transcript of decision notice FS50125936

Case Ref: FER0085943
Date: 15/11/2006
Public Authority: Salisbury District Council
Section of Act/EIR & Finding: EIR 13 - Complaint Not upheld
Full transcript of decision notice FER0085943

Case Ref: FER0078604
Date: 14/11/2006
Public Authority: Stafford Borough Council
Section of Act/EIR & Finding: EIR 12 - Complaint Not upheld
Full transcript of decision notice FER0078604