Complainant requested copy of a court case transcript involving former Council employees. Transcript obtained from Court and paid for by Council who stated that the information was exempt under section 32(1)(c). Applicant argued that as the document was not created by a member of the administrative staff of the court, this exemption does not apply. Our view is that the information was taken from a record to which section 32 applies (the court tapes which were created by the court). If the authority only holds the information because it was obtained from a source to which section 32 applies, then the exemption will stand irrespective of the format into which the authority may later convert the information. However, the Council failed to provide details of its internal complaints procedure in its Refusal Notice and was therefore in breach of s.17. The Information Tribunal has ruled on this decision and has upheld this appeal.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 32 – Complaint Not upheld
Citations:
[2005] UKICO FAC0065282
Links:
Jurisdiction:
England and Wales
Information
Updated: 18 November 2022; Ref: scu.533209
