Neath Port Talbot Council – Dismissed (United Kingdom, 2020)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
The UK Information Commissioner's Office decided that Neath Port Talbot Council was right to keep a dog barking complaint anonymous. The council withheld the complainant's name to protect privacy, which the ICO supported. This decision highlights the importance of confidentiality in complaint processes.
What happened
Neath Port Talbot Council refused to disclose the name of a person who complained about a neighbor's dog barking.
Who was affected
The individual who submitted a complaint about a barking dog to the council.
What the authority found
The Information Commissioner's Office found that the council was correct to withhold the complainant's name to protect their privacy, as releasing it could cause distress.
Why this matters
This decision underscores the need for councils and similar bodies to maintain confidentiality when handling complaints. It reassures individuals that their personal information will be protected, encouraging them to report issues without fear of exposure.
GDPR Articles Cited
National Law Articles
The complainant had received a letter from the Council regarding a complaint about his dog barking. He requested the name of the person who had submitted the complaint but was refused this information under regulation 13 EIR. Was the Council correct in withholding the information requested under regulation 13 EIR – id est (in this case, via regulation 13 (2A) a of the Data Protection Act 2018 (DPA 2018), as amended by Schedule 19 Paragraph 307(3) DPA 2018) would disclosure contravene any data protection principles as set out in Article 5 GDPR? The Commissioner finds that the Council was correct in withholding the requested information on the basis of regulation 13 EIR. With reference to the principles laid out in Article 5 (1) (a) GDPR, the Commissioner seeks to determine the lawfulness of a potential disclosure by examining the conditions for legitimate interest according to Article 6 (1) (f) GDPR. The Commissioner confirms a legitimate interest of the complainant in receiving the requested information, albeit no wider one in the public accessing the information. Disclosure would also be necessary, including being the least intrusive means to satisfy the legitimate interest specified, she finds. Crucially, the Commissioner states that in her view “a key issue is whether the individuals concerned have a reasonable expectation that their information will not be disclosed” and whether “disclosure would be likely to result in unwarranted damage or distress to that individual”. The Commissioner supports the Council’s consideration that complaints to the Council are generally submitted with the expectation of the submitter’s personal information not be released, noting also that a release under EIR would formally be a release into the public domain. This be supported by the fact that there is no option to submit a complaint to the Council anonymously and that the submission form contains an assurance of confidentiality. This assurance was, in addition, reconfirme
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Neath Port Talbot Council in UK
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Neath Port Talbot Council - United Kingdom (2020). Retrieved from cookiefines.eu
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