Whether Information Held

March 2nd, 2018 by James Goudie KC

In Holder v ICO, EA/2017/0168, the FTT on 27 February 2018 upheld a decision by Northamptonshire County Council that it did not hold information beyond what it had disclosed as highway authority and a statutory consultee with respect to the traffic impacts of a proposed development the subject matter of a planning application to South Northamptonshire District Council.   Judge Hughes observed, at paragraph 19:-

“The right of the individual citizen under FOIA and EIR is to receive the recorded information held which matches the request for information.  It is not a right to an explanation of or a justification of the record-keeping practices or complaints-handling processes of the public body.”.

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