Annex 3

ICO published decision notice


21 Apr 2021

The complainant has requested a copy of the council’s Business Continuity Plan (BCP) as regards its waste functions. The council refused the request on the basis that Regulation 12(5)(a) applied (international relations, defence, national security, or public safety). On review it upheld its decision but did disclose some sections of the BCP. The complainant argues that the council should have disclosed the document in its entirety. The Commissioner’s decision is that the council was correct to withhold the information under Regulation 12(5)(a). She has however decided that the council’s response did not comply with the requirements of Regulation 5(2) in that the disclosed information was not provided within 20 working days. The Commissioner does not require the council to take any steps.

EIR 5(2): Complaint upheld 

EIR 12(5)(a): Complaint not upheld|publicAuthority=City%20of%20York%20Council