Changeflow GovPing Data Protection ICO Upholds EIR Breach by Powys Council
Routine Enforcement Amended Final

ICO Upholds EIR Breach by Powys Council

Favicon for ico.org.uk ICO Decision Notices
Filed March 5th, 2026
Detected March 10th, 2026
Email

Summary

The UK's Information Commissioner's Office (ICO) has upheld a breach of Environmental Information Regulations (EIR) 11 against Powys County Council. The council failed to conduct an internal review within the mandated 40 working days. No further steps are required beyond reconsidering the original request.

What changed

The Information Commissioner's Office (ICO) has issued a decision notice finding Powys County Council in breach of regulation 11 of the Environmental Information Regulations (EIR). The breach occurred because the council failed to complete an internal review within the statutory 40 working days concerning a request related to Section 38 (Roads Adoption) Agreements. The ICO has determined that no further enforcement steps are required beyond the council's obligation to reconsider its response to the original request and inform the complainant of the outcome.

While this decision does not impose new penalties or require immediate action beyond rectifying the specific breach, it serves as a reminder for public authorities to adhere strictly to the timeframes stipulated by the EIR for internal reviews. Compliance officers within local government should ensure their processes for handling information requests and internal reviews meet the regulatory deadlines to avoid similar findings.

What to do next

  1. Review internal processes for handling EIR requests and internal reviews to ensure compliance with the 40-working-day timeframe.
  2. Ensure that the complainant is informed of the outcome of the reconsidered response to the original request.

Source document (simplified)

Powys County Council

  • Date 5 March 2026
  • Sector Local government
  • Decision(s) EIR 11: Upheld The complainant requested information from Powys County Council relating to Section 38 (Roads Adoption) Agreements. The Commissioner’s decision is that the public authority breached regulation 11 of the EIR, as it failed to carry out its internal review within 40 working days. The Commissioner does not require further steps to be taken. The public authority must reconsider how it responded to the original request and inform the complainant of the outcome in accordance with its obligations under the EIR.

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Information Commissioner's Office
Filed
March 5th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Government agencies
Geographic scope
National (UK)

Taxonomy

Primary area
Data Privacy
Operational domain
Legal
Topics
Environmental Information Regulations Local Government

Get Data Protection alerts

Weekly digest. AI-summarized, no noise.

Free. Unsubscribe anytime.

Get alerts for this source

We'll email you when ICO Decision Notices publishes new changes.

Free. Unsubscribe anytime.