The Information Comissioner Writes Incomprehensible Letter

I think what they're saying is that you can ask about existing data you can't ask if data exists...

Dear Mr Miller

I write further to my email of 20 December 2018 regarding this matter.

I have been in touch with Lambeth Council since that email to discuss whether all of your requests are valid requests for information under the Environmental Information Regulations 2004 (EIR). In other words, whether parts of your email to Lambeth should have been dealt with as normal course of business enquiries rather than as requests for information.

This is because under the EIR applicants are only able to ask for recorded information held by a public authority. Consequently, some enquiries/questions will not generally be valid requests for information under the EIR.

Following my queries, Lambeth agreed to respond to some of your enquiries as part of its normal course of business. I understand Lambeth provided their response to you on 26 February.

The remaining parts of your email in relation to the leaseholders and their properties are valid requests for information under the EIR. However, I remain of the view that Lambeth was entitled to neither confirm nor deny whether it held the requested information on the basis of the exception at regulation 13(5)(A) of the EIR (personal data).

I will arrange for a decision notice to be issued to you upholding the application of regulation 13(5)(A) of the EIR unless you are now happy to withdraw your complaint.

I will assume you would like a decision notice if I have not heard from you by Wednesday 6 March 2019.

Yours Sincerely
Terna Waya
Senior Case Officer