Telford and Wrekin Council refused to provide some of the requested information it held. It based this refusal on the following exemptions; sections 38 (health and safety), 40 (2) (personal data), 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial sensitivity). The Commissioner’s decision is that Telford and Wrekin Council has not persuaded her that the aforesaid exemptions (save for section 40 (2) are engaged. The Commissioner requires the public authority to disclose, to the complainant, the information that it has withheld by reference to the aforesaid sections save it is not to disclose information it has withheld by reference to section 40(2).
FOI 38: Upheld FOI 41: Upheld FOI 42: Upheld FOI 43: Upheld FOI 40: Not upheld
Citations:
[2017] UKICO FS50614046
Links:
Jurisdiction:
England and Wales
Information
Updated: 26 March 2022; Ref: scu.583817