The Department had altered the way it reported the incidence of late abortions so as to protect the identities of those involved. It said that the numbers were so small that any detail could lead to identification. Held: (1) The disputed information constituted personal data in the hands of the Department of Health.(2) That the … Continue reading Department of Health v Information Commissioner (Freedom of Information Act 2000): FTTGRC 15 Oct 2009

(Allowed) commercial sensitivity Citations: [2020] UKFTT 2019 – 0240 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 07 December 2022; Ref: scu.651856

The complainant requested information from Lanteglos by Fowey Parish Council (‘the parish council’). He asked for copies of documents sent by the parish council to Cornwall Council that had resulted in a particular email being sent to him. The parish council initially refused to confirm or deny whether the information was held. It subsequently relied … Continue reading Lanteglos By Fowey Parish Council (Local Government (Parish Council)) FS50566913: ICO 11 Mar 2015

The complainant has requested information relating to complaints/grievances about four managers at FOS. FOS refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that FOS was correct to neither confirm nor deny whether the requested information was held … Continue reading Financial Ombudsman Service (Local Government (Other)): ICO 24 Jun 2015

The complainant requested information about the Myatts Field North Estate PFI contract from the London Borough of Lambeth. The council supplied some information but withheld some using the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000. The Commissioner asked the council to reconsider the request under the terms of the … Continue reading Lambeth London Borough Council (Decision Notice): ICO 2 Sep 2013

The complainant requested a list of all .gov.uk domain names from the Central Office of Information (COI). COI initially responded to the request by informing the complainant that it did not hold the requested information. During the Commissioner’s investigation COI confirmed that it did hold a subset of the gov.uk domain names, which it used … Continue reading Central Office of Information (Decision Notice): ICO 15 Jun 2011

The complainant asked for permission to visit the Council’s archives and ‘have access to, research and make copies’ of all documents relating to the transfer of property previously owned by the former Lyme Regis Town Council to West Dorset District Council. The Council refused the request on the basis that it considered it to be … Continue reading West Dorset District Council (Decision Notice): ICO 2 Jun 2011

The complainant requested, under the Freedom of Information Act 2000, twelve items of information that related to how his complaint and other complaints of his family were handled by the Trust. The Trust provided some information, explained that it did not hold other information and withheld other information by virtue of sections 12 [the costs … Continue reading Wrightington Wigan and Leigh NHS Foundation Trust (Decision Notice): ICO 2 Aug 2011

The complainant requested information relating to benefit fraud allegations and investigations from Norwich City Council (‘the council’). The council refused to provide the information, relying on the exemptions under section 40(2) and 41(1) of the Freedom of Information Act 2000 (‘the FOIA’). These exemptions relate to personal data and information provided in confidence. The Commissioner’s … Continue reading Norwich City Council (Local Government (City Council)): ICO 25 Jun 2015

The complainant asked the public authority for all recorded information held about a charity he managed. The public authority provided some information initially and at the internal review stage, but withheld other information under sections 31, 40 and 41 of the Freedom of Information Act 2000 (‘the Act’). After the Commissioner’s intervention the public authority … Continue reading Charity Commission (Decision Notice): ICO 15 May 2007

The complainant on 1 January 2005 made a request to the Department of the Environment for Northern Ireland (the Department) for a copy of a planning enforcement file relating to his planning application. The Department allowed the complainant to view the file but withheld some information contained in the file. In responding to his request, … Continue reading Department of The Environment Northern Ireland (Decision Notice): ICO 21 May 2007

The complainant requested information relating to a particular property where he had been a tenant, the condition of which had been investigated by the Reading Borough Council. The council applied an exemption under the Freedom of Information Act 2000 relating to investigations. The Commissioner did not find it necessary to consider the application of the … Continue reading Reading Borough Council (Decision Notice): ICO 23 Jan 2012

The complainant requested the contact details of particular members of the remuneration panel at Fylde Borough Council (‘the council’) who the complainant referred to as ‘independent advisors’. The council refused to provide the information using section 40(2) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to personal data. The Commissioner’s decision … Continue reading Fylde Borough Council (Local Government (Borough Council)): ICO 25 Jun 2015

The complainant made a request for copies of statements gathered as part of a disciplinary investigation into an allegation made about the conduct of one of the public authority’s employees during a tendering process. The allegation was not made by the complainant. The public authority disclosed the requested details relating to the complainant’s interview but … Continue reading Sandwell Homes Limited (Decision Notice): ICO 25 Jul 2011

Dismissed Citations: [2019] UKFTT 2019 – 0178 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 22 October 2022; Ref: scu.648240

The complainant made a request under the Freedom of Information Act 2000 to the Student Loans Company. The request was for a number of documents listed (a) to (l). The Company has now provided all of the documents to the complainant in electronic format apart from document (d). A number of redactions were made under … Continue reading Student Loans Company Ltd (Decision Notice): ICO 14 Dec 2009

Citations: [2006] UKIT EA – 2006 – 0005 Links: Bailii Statutes: Freedom of Information Act 2000 43(2) Jurisdiction: England and Wales Citing: Cited – Lord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003 The claimant was a category A prisoner serving a sentence of life imprisonment for murder. … Continue reading John Connor Press Associates Ltd v The Information Commissioner: IT 24 Jan 2006

The complainant made a request to the Information Commissioner for the information that had been withheld from him in respect of a complaint the Commissioner was investigating. The Commissioner handled the request under Freedom of Information Act 2000 however failed to recognise that the requested information constituted environmental information under the Environmental Information Regulations 2004. … Continue reading Information Commissioner (Decision Notice): ICO 26 Apr 2010

The complainant asked a series of questions about named employees of the CPS. The request was for, amongst other things, details of the disciplinary and criminal records of named individuals; the previous employment history of a named individual; the ethnicities of named individuals involved in a disciplinary case; and the gender and ethnicities of complainants … Continue reading Crown Prosecution Service (Decision Notice): ICO 29 Jun 2011

The complainant asked the Crown Prosecution Service to provide a schedule of information relating to the prosecution of a named individual. The public authority refused to disclose this using the exemption under section 40 (personal information) of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption in section 40(2) is engaged … Continue reading Crown Prosecution Service (Decision Notice) FS50361398: ICO 28 Mar 2011

The complainant asked the Crown Prosecution Service to provide information relating to the prosecution of a named individual. The public authority refused to disclose this using the exemptions under sections 30, 40 and 42 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption in section 40(2) is engaged for the … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Mar 2011

The complainant made a freedom of information request to the Financial Services Authority (the public authority) to request copies of three reports it had produced in relation to Split Capital Investment Trusts. The public authority refused the request by relying on the exemptions; section 21 (Information accessible by other means); section 40 (Personal information), section … Continue reading Financial Services Authority (Decision Notice): ICO 7 Jul 2011

The complainant asked Calderdale Primary Care Trust for information concerning the number of transsexuals in a specific area who had been referred to, and assessed by, a particular doctor for sex change surgery. The PCT answered the four questions by informing the complainant that in each case the answer was equal to or less than … Continue reading Calderdale Primary Care Trust (Decision Notice): ICO 6 Apr 2011

The complainant submitted a request to the Department of Health, Social Services and Public Safety under the Freedom of Information Act 2000 for information relating to the application process for a position. The Commissioner has investigated the complaint and finds that the DHSSPS was correct to apply section 40(2) by virtue of section 40(3)(a)(i) of … Continue reading Department of Health Social Services and Public Safety (Decision Notice): ICO 2 Oct 2012

The complainant requested information from Doncaster College concerning reports of its investigation of allegations made against its former principal. The college refused this request under section 40(2) of the Freedom of Information Act 2000. The Commissioner considers that the requested information is the personal data of the former principal and of other data subjects and … Continue reading Doncaster College (Decision Notice): ICO 19 Mar 2008

The complainant requested information relating to senior post holders at Broxbourne Borough Council. The council supplied some information and withheld other information using the exemption under section 40(2) of the Freedom of Information Act 2000, relating to personal data, and section 21, relating to information that is reasonably accessible by other means. The Commissioner’s decision … Continue reading Broxbourne Borough Council (Decision Notice): ICO 15 Aug 2012

The complainant has requested information relating to Common Purpose and for specific invoices. Sheffield Hallam University (the University) provided the complainant with some of the requested information but made redactions under section 40(2) of the Freedom of Information Act 2000 (FOIA). It refused to provide some of the requested information under section 12 FOIA as … Continue reading Sheffield Hallam University (Decision Notice) FS50439809: ICO 14 Aug 2012

The complainant has requested information relating to the charity known as Common Purpose. The University provided the complainant with information in response to the request however it made redactions under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the University correctly applied section 40(2) to make the redactions … Continue reading Sheffield Hallam University (Decision Notice): ICO 14 Aug 2012

Freedom of Information Act 2000 – personal data: section 40(2) – Data Protection Act 1998: Schedule 1, Part 1, Schedule 2, paragraph 6(1) Citations: [2011] UKFTT EA – 2010 – 0130 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Information Updated: 08 September 2022; Ref: scu.434825

The complainant requested copies of two audits from Surrey County Council relating to a particular school. The council refused to provide the information on the basis that it was exempt under section 40(2) of the Freedom of Information Act 2000. The Commissioner’s decision is that the council correctly relied on section 40(2), with the exception … Continue reading Surrey County Council (Decision Notice): ICO 9 Aug 2012

Absolute Exemption – Section 40 FOIA Citations: [2010] UKFTT EA – 2010 – 0070 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 01 September 2022; Ref: scu.428845

Right to rely before the Tribunal on exemptions not specified in the Notice of Refusal nor considered in the Information Commissioner’s Decision Notice. Sections 2(2), 17 and 58 of FOIA. Application of section 40 of FOIA to names of civil servants by and to whom submissions to ministers are sent. Whether legal professional privilege (s.42) … Continue reading Home Office v Information Commissioner: FTTGRC 20 Aug 2010

The complainant submitted a number of requests to Taunton Deane Borough Council (the Council) relating to a grave as well as the Council’s Senior Bereavement Manager. The Council disclosed some information but withheld some under exemptions in the Freedom of Information Act 2000 (the Act): section 40(2) – third party personal data, and section 42(1) … Continue reading Taunton Deane Borough Council (Local Government (Borough Council)): ICO 18 May 2015

Allowed Citations: [2018] UKFTT 2017 – 0190 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 23 August 2022; Ref: scu.617040

Section 30(2) Freedom of Information Act 2000: matters of public interest in relation to lists of informants held by Appellant in the late 19th Century and early 20th Century – exceptional nature of public interest in preventing disclosure of informants’ names, past, present and future – redaction Citations: [2009] UKIT EA – 2008 – 0078 … Continue reading Metropolitan Police v Information Commissioner: IT 30 Mar 2009

Dismissed :Freedom of Information Act 2000 – Whether information held s.1 FOIA – Personal data s.1(1) DPA – Personal data s.40 FOIA Citations: [2013] UKFTT EA – 2013 – 0047 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 03 August 2022; Ref: scu.519446

Freedom of Information Act 2000 – Absolute exemptions – Personal data s.40 – Prohibitions on disclosure s.44 Citations: [2013] UKFTT EA – 2013 – 0161 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 40 44 Jurisdiction: England and Wales Information Updated: 03 August 2022; Ref: scu.519447

Freedom of Information Act 2000, and the engagement of the exemption under Section 36(2), 40(1), 40(2) and 42 and the application of the public interest test. Held: The Tribunal upholds the decision notice (FS50433433) dated 26 February 2013 and dismisses the appeal. Citations: [2013] UKFTT EA – 2013 – 0059 (GRC Links: Bailii Statutes: Freedom … Continue reading Roberts v Information Commissioner (Dismissed :Freedom of Information Act 2000): FTTGRC 31 Oct 2013

Dismissed : Freedom of Information Act 2000 – Appeal dismissed Citations: [2013] UKFTT EA – 2012 – 0236 (GRC, EA/2014/0066 Links: Bailii, ICO Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died … Continue reading Cubells v Information Commissioner: FTTGRC 2 Aug 2013

Dismissed :Freedom of Information Act 2000 Personal data s40 Prohibitions on disclosure s44 Citations: [2013] UKFTT EA – 2012 – 0039 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 31 July 2022; Ref: scu.519442

The complainant has requested information relating to meetings and correspondence which took place between the Chancellor and the former Chancellor Lord Lawson, between 12 May 2010 and 20 March 2012. A transcript of a discussion between these individuals during this time frame is held by HM Treasury however the entire transcript is not covered by … Continue reading HM Treasury (Decision Notice): ICO 18 Mar 2013

The complainant has requested various information relating to the Legal Ombudsman’s investigation processes. The Legal Ombudsman said that it did not hold the information requested by the complainant under section 1(1)(a) FOIA, however it tried to answer the complainant’s questions outside of FOIA. The Commissioner considers that the Legal Ombudsman was correct to confirm that … Continue reading Legal Ombudsman (Education (Other)): ICO 27 Apr 2015

The complainant asked the public authority for ‘all data pertaining to’ a freedom of information request which he had made previously. The public authority withheld some information under section 42 of the Freedom of Information Act 2000 (‘the Act’) and the rest under section 36. The Commissioner decided that information had been correctly withheld under … Continue reading Cabinet Office (Decision Notice) FS50173585: ICO 22 Dec 2009

Allowed Citations: [2018] UKFTT 2017 – 0292 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 04 July 2022; Ref: scu.630640

The complainant requested information relating to Stoke-on-Trent City Council’s (the Council) Framework Agreement for the provision of domiciliary care and carer support for younger adults and older people. The Council provided what it considered to be the extent of the information held. Some information was redacted under section 40(2) of the Freedom of Information Act … Continue reading Stoke-On-Trent City Council (Local Government (City Council)): ICO 18 Mar 2015

The complainant requested the number of times an employee of the Treasury Solicitor’s Department (TSol) accused people of making fraudulent claims for money. TSol confirmed that some relevant information was held. The Commissioner’s decision is that TSol should have instead refused the request under section 40(5)(b)(i) of the Freedom of Information Act 2000 (the Act) … Continue reading Treasury Solicitors (Central Government): ICO 16 Mar 2015