ICO Decision on Kingston Upon Thames FOI Data Protection Complaints

ICO Decision Notices

Filed March 19th, 2026

Detected March 24th, 2026

Summary

The ICO issued a decision regarding data protection complaints against the Royal Borough of Kingston Upon Thames. While the council was found not to hold the requested information under EIR regulation 12(4)(a), its internal review process did not comply with regulation 11(4). No further steps are required by the Commissioner.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning complaints related to the Environmental Information Regulations (EIR) and data protection against the Royal Borough of Kingston Upon Thames. The complainant sought email correspondence from three planning officers. The council's final stance was that it did not hold the information, citing EIR regulation 12(4)(a). The ICO agreed with this assessment, finding that on the balance of probabilities, the information was not held.

However, the ICO did find that the council's internal review process was not timely, failing to comply with EIR regulation 11(4). Despite this procedural failing, the Commissioner has determined that no further steps are required. This decision primarily impacts how local government bodies handle information requests and internal review processes under the EIR.

Source document (simplified)

Royal Borough of Kingston Upon Thames

Date 19 March 2026
Sector Local government
Decision(s) EIR 11(4): Upheld, EIR 12(4)(a): Not upheld The complainant requested certain email correspondence held within the inboxes of three planning officers. Royal Borough of Kingston upon Thames (‘the council’) initially refused the request on the basis of regulations 12(5)(d), 12(5)(f) and 13 of the EIR. These exceptions concern the confidentiality of proceedings, the interests of the person who provided the information and personal data respectively. However, the council’s final position is that it doesn’t hold the requested information – regulation 12(4)(a) of the EIR. The Commissioner’s decision is that, on the balance of probabilities, the requested information isn’t held and regulation 12(4)(a) is engaged. The timeliness of the council’s internal review, however, didn’t comply with regulation 11(4). The Commissioner doesn’t require further steps.