Stephen Roberts v The Information Commissioner

Stephen Roberts v The Information Commissioner

The Council held the underlying data necessary to compile the requested map or list of roads subject to the 20mph speed limit; providing the information in the requested format does not constitute creation of new information but disclosure of information already held; therefore, the Council held the requested information at the time of the request.

Parties
Appellant: Stephen Roberts; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Environmental Information, Public Authority Obligations, Freedom of Information, Data Holding and Disclosure
Information Rights Administrative Law Environmental Information Public Authority Obligations Freedom of Information Data Holding and Disclosure

Case Brief

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Parties

Stephen Roberts

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the City and Council of Swansea held the requested information at the time of the request under the Environmental Information Regulations 2004
  2. 2 Whether providing the information in the requested format constitutes creation of new information or disclosure of information already held

Ratio Decidendi

The Council held the underlying data necessary to compile the requested map or list of roads subject to the 20mph speed limit; providing the information in the requested format does not constitute creation of new information but disclosure of information already held; therefore, the Council held the requested information at the time of the request.

Court Disposition

appeal allowed

Orders

  • The Council must issue a fresh response to the request of 22 August 2023, confirming it holds the information and either supply the information sought or serve a refusal notice under regulation 14(1) EIR within 35 calendar days.
  • Failure to comply may amount to contempt and may be certified to the Upper Tribunal.