The complainant has requested the training, experience and technical education of an inspector of the Health and Safety Executive (the HSE). The HSE provided a generic list of training for inspectors but it stated that it did not hold training information about the named HSE inspector. The HSE has also refused to provide the experience and qualifications of the named HSE inspector under section 40(2) of the FOIA (third party personal data). The Commissioner’s decision is that, on the balance of probabilities, the HSE does not hold any training information in relation to the named HSE inspector. The Commissioner has also decided that the HSE is entitled to rely on section 40(2) of the FOIA to withhold the experience and qualifications of the named HSE inspector. However, the Commissioner has recorded a procedural breach of section 1 and section 10 of the FOIA as the HSE failed to advise the complainant that it did not hold the training information of the named HSE inspector within the statutory time limits. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 40(2): Complaint not upheld FOI 1(1): Complaint partly upheld FOI 10(1): Complaint upheld
Citations:
[2021] UKICO IC-44036
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 August 2022; Ref: scu.662866