The complainant requested various pieces of information relating to the care of her late Aunt. Gateshead Council (the Council) refused to disclose the information requested but did not cite any specific exemptions. During the course of the Commissioner’s investigation, the Council confirmed that it had provided the complainant with personal data relating to themselves and that it considered the remaining information held exempt under section 40(2) (third party personal data) and 41 (information provided in confidence) of the FOIA. The Commissioner’s decision is that the complainant’s own personal data is exemption under section 40(1) and the other information held is exempt under sections 40(2) and 41. The Commissioner has however determined that the Council breached section 17 (1) of the FOIA in failing to issue a valid refusal within the appropriate timescale. The Commissioner does not require any steps to be taken.
FOI 17: Complaint upheld FOI 40(2): Complaint not upheld FOI 41: Complaint not upheld FOI 40(1): Complaint not upheld
Citations:
[2022] UKICO ic-97599
Links:
Jurisdiction:
England and Wales
Information
Updated: 15 October 2022; Ref: scu.678435