Cornwall Council Trees Request, EIR 13(5A) Not Upheld
Summary
The Information Commissioner's Office has upheld Cornwall Council's application of Regulation 13(5A) of the Environmental Information Regulations 2004, finding the council was correct to neither confirm nor deny whether information about planned tree felling is held. The decision concerns a request for information as to why certain trees were planned to be cut down, where the council refused under the personal data exception. The Commissioner does not require the council to take any further steps.
What changed
The ICO determined that Cornwall Council correctly applied Regulation 13(5A) of the Environmental Information Regulations to refuse to confirm or deny whether any information is held regarding a request about planned tree felling. This is a narrow decision upholding the council's use of the personal data exception in one specific information rights case. Public authorities subject to EIR obligations should note that the personal data exception under Regulation 13(5A) continues to apply where confirming or denying would involve disclosing personal data, though each case must be assessed on its own facts.
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Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Cornwall Council
- Date 13 April 2026
- Sector Local government
- Decision(s) EIR 13(5a): Not upheld The complainant requested information from Cornwall Council (“the council”) as to why certain trees were planned to be cut down. The council applied Regulation 13(5A) to refuse to confirm or deny whether any information is held by it falling within the scope of the request (personal data). The Commissioner’s decision is that the council was correct to neither confirm nor deny whether any relevant information is held by it under Regulation 13(5A) of the EIR. The Commissioner does not require the council to take any further steps.
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