Hayle Harbour Authority
| Case Outcome | Complaint upheld |
| Subject Matter | Education |
| Court | Information Commissioner (UK) |
| Record Number | IC-155338-R5D9 |
| Date | 02 December 2022 |
| Respondent | Hayle Harbour Authority |
Reference: IC-155338-R5D9
1
Decision notice
Date: 2 December 2022
Public Authority: Hayle Harbour Authority
Address: The Old Customs House
North Quay
Hayle
Cornwall
TR27 4BL
Decision (including any steps ordered)
1. The complainant requested information from Hayle Harbour Authority
(“HHA”) relating to the removal of sand at Hayle Harbour. HHA claimed
that it did not constitute a public authority for the purposes of FOIA and
was not therefore obliged to respond to the request. The complainant
referred HHA to a decision notice from 2011 in which the Commissioner
found that HHA is a public authority for the purposes of the EIR. HHA
provided no further response. The Commissioner has considered
whether HHA continues to be a public authority for the purposes of the
EIR.
2. The Commissioner’s decision is that HHA is a public authority for the
purposes of the EIR and therefore bound by its provisions and that HHA
did not deal with the request for information as required by the EIR.
3. The Commissioner requires HHA to take the following steps to ensure
compliance with the legislation.
• either disclose the requested information or issue a refusal notice
meeting the requirements of regulation 14 of the EIR.
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