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 – Duty to confirm or deny s.1(1)(a) Personal data s.40 Law enforcement s.31 Chris Ryan TJ [2014] UKFTT 2014 – 0119 (GRC) Bailii Freedom of Information Act 2000 1(1)(a) 40 31 England and Wales Information Updated: 24 December 2021; Ref: scu.540445
Whether information held s.1 FOIA – Personal data s.1(1) DPA Personal data s.40 FOIA [2013] UKFTT EA – 2013 – 0040 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: Cited – Durant v Financial Services Authority CA 8-Dec-2003 The appellant had been unsuccessful in litigation against his former … Continue reading Oates v Information Commissioner: FTTGRC 20 Dec 2013
The complainant has requested information about an alleged data protection breach involving discs containing information relating to the deaths of Mark Duggan, Azelle Rodney and Robert Hamill. The ICO provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (a) and (c), and section … Continue reading Information Commissioners Office (Local Government (Other)): ICO 29 Jul 2015
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed against an order from the Commissioner to produce that information, saying that the actions of Parliament are not subject to judicial control or review. Held: The appeal was dismissed. The tribunal had made no error of … Continue reading Corporate Officer of the House of Commons v The Information Commissioner and others: Admn 16 May 2008
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 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 requested information from High Speed Two (HS2) Limited (‘HS2’) about properties it had purchased since its inception. HS2 initially considered the request under the Freedom of Information Act 2000 (FOIA). It disclosed some randomised information, but said that it could not provide the information as requested (in the form of a spreadsheet with … Continue reading High Speed Two Limited (Other): ICO 6 Apr 2021
The complainant requested information from Ribble Valley Borough Council (‘the Council’) about land at Chapel Hill, Longridge, in Lancashire. After initially considering the request under the Freedom of Information Act 2000 (FOIA), the Council provided some information, but withheld the majority of the requested information under section 31(1)(g) of the FOIA – Prejudicial to law … Continue reading Ribble Valley Borough Council (Local Government): ICO 24 Mar 2021
The complainant originally submitted a request to the Crown Prosecution Service the public authority for information relating to a trial during 1997 and 1998. This was refused under the exemptions at sections 30 (criminal proceedings) and 40 (personal information) of the Freedom of Information Act 2000. He subsequently made a refined request which the public … Continue reading Crown Prosecution Service (Decision Notice): ICO 31 Aug 2010
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
The complainant made a request under the Freedom of Information Act 2000 to the University of Bradford for information held by the University in relation to the use of campus computers to access extremist material in the context of that accessed by four named students together with reports on extremist activity amongst students over the … Continue reading University of Bradford (Decision Notice): ICO 30 Mar 2009
The complainant has requested correspondence and other communications, relating to the 9 September 2019 prorogation of Parliament, sent or received by Dominic Cummings (then Chief Adviser to Prime Minister Boris Johnson). The Cabinet Office has asserted that aside from a memo of 15 August 2019 from Nikki Da Costa (Director of Legislative Affairs) they hold … Continue reading Cabinet Office (Central Government): ICO 31 Mar 2022
ICO The complainant has requested whether there was any CCTV footage of an incident involving one of the Council’s buses which occurred on 16 November 2010. Following the Commissioner’s procedural decision notice (reference number FS50402885) instructing the Council to comply with section 1(1) of the Freedom of Information Act 2000 (‘the Act’) by either confirming … Continue reading Monmouthshire County Council (Decision Notice): ICO 28 May 2012
The complainant has requested a copy of the full set of care records for his deceased daughter. Central and North West London NHS Foundation Trust (the Trust) provided the complainant with a full set of care records under the Access to Health Care Records Act 1990 (AHRA). The complainant does not consider that he has … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 6 Oct 2011
The complainant has requested correspondence between the Charity Commission and Pearl of Africa Child Care Ltd (PoACC) between 15 December 2011 and 10 February 2012. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (a), (b), (c), (f), (g) and … Continue reading Charity Commission (Decision Notice): ICO 8 Jul 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 requested information held by the National Gallery relating to a drawing known as La Bella Principessa. The gallery disclosed some information and withheld other information using exemptions under the Freedom of Information Act 2000. The exemptions relied on were section 36(2)(b)(i) and (ii), relating to prejudice to the provision of advice and exchange … Continue reading National Gallery (Decision Notice): ICO 22 Jan 2013
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 has requested information relating to an investigation into allegations of wrong doing, made by the complainant, as well as Transport for London’s (TfL) policies on reporting wrong doing and fraud. TfL provided the complainant with some of the requested information but refused to disclose some information under section 30(1)(a), section 30(2)(a)(i), section 31(1)(g) … Continue reading Transport for London (Decision Notice) FS50423735: ICO 9 Jan 2013
The complainant has requested a copy of an expert report. The General Dental Council (GDC) withheld the requested information under section 31(1)(g) with subsection 2(c) and in part under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that section 40(2) is engaged in relation to the whole of the … Continue reading General Dental Council (Decision Notice): ICO 14 Jan 2013
The complainant has requested a copy of an expert report. The General Dental Council (GDC) withheld the requested information under section 31(1)(g) with subsection 2(c) and in part under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that section 40(2) is engaged in relation to the whole of the … Continue reading General Dental Council (Decision Notice): ICO 28 Jan 2013
The complainant requested from North Yorkshire County Council a copy of a report regarding an allegation against a councillor. The council withheld the report under section 40(2) and 41(1) of the Freedom of Information Act 2000. These exemptions relate to personal information and confidential information. The Commissioner’s decision is that the information should be withheld … Continue reading North Yorkshire County Council (Decision Notice): ICO 22 Jul 2013
ICO The complainant asked for access to all social work records regarding her father, who was deceased. Leicestershire County Council (‘the Council’) refused to provide this information citing the exemptions under section 41(1) of the Freedom of Information Act 2000 (‘the FOIA’) and section 40(2). The Commissioner investigated and found that some of the information … Continue reading Leicestershire County Council (Decision Notice): ICO 22 Dec 2009
The complainant has requested the evidence submitted by the Central and North West London NHS Foundation Trust (CNWL) to the Coroner in relation to a particular inquest. The Trust confirmed that the evidence submitted to the coroner was witness statements of staff who had been involved with the deceased patient who the inquest related to. … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 18 Jan 2012
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but believed that it was exempt. It argued that the information was already available on its website and explained that section 21(1) [information reasonable accessible … Continue reading Manchester Metropolitan University (Decision Notice): ICO 26 May 2011
The complainant made 26 sets of requests for information under the Freedom of Information Act 2000 concerning the treatment of her late mother. The public authority replied to some of the requests, but believed sections 14(1) [vexatious requests] and 14(2) [repeated requests] applied to most of them and so it did not answer them. The … Continue reading Imperial College Healthcare NHS Trust (Decision Notice): ICO 22 Mar 2011
The complainant made a request to North Lancashire Teaching Primary Care Trust for correspondence between the Chief Executive of the PCT and the Chief Executive of University Hospitals of Morecambe Bay NHS Trust. The PCT refused to provide this information to the complainant as it stated it was exempt from disclosure under section 31(1)(g) with … Continue reading North Lancashire Teaching Primary Care Trust (Decision Notice): ICO 7 Apr 2011
The complainant requested information from North West Leicestershire District Council relating to the preparation of a report about a restructure of senior management. The council provided some information and sought to withhold other information using the exemptions under section 36(2)(b)(i) (ii) and (c), 40(2) and 41(1) of the Freedom of Information Act 2000. The Commissioner’s … Continue reading North West Leicestershire District Council (Decision Notice): ICO 12 Feb 2013
The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008
ICO The complainant asked the Charity Commission for all its documents relating to the Global Warming Policy Foundation. The Charity Commission provided some documents but withheld a bank statement which showed the name of an individual who had donated money to the GWPF. It argued that this information was exempt from disclosure under section 40(2) … Continue reading Charity Commission (Decision Notice): ICO 28 Jun 2011
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but considered that it was exempt. It did not specify an exemption but implied that it was relying on section 21(1) [information reasonable accessible by … Continue reading University of Nottingham (Decision Notice): ICO 20 Apr 2011
The complainant made a request under the Freedom of Information Act 2000 to the Vehicle and Operator Services Agency for details of any monitoring/visits over the past 12 months and any action taken in that time against a particular garage. VOSA refused to confirm or deny if the requested information was held under section 31(3) … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 4 May 2010
The complainant asked the public authority for information from case papers relating to an unsolved murder case dating back to 1954. The public authority withheld the information under sections 31, 40(2) and 41 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that the exemption under section 31(1) applied to all of … Continue reading National Archives (Decision Notice): ICO 4 Apr 2007
The complainant asked the council to provide copies of any application forms or questionnaires that had been submitted by candidates for the East Hertfordshire Independent Remuneration Panel since April 2010, redacted as appropriate. The council initially refused to provide any of the information on the basis that it was exempt under section 40(2) of the … Continue reading East Hertfordshire District Council (Decision Notice): ICO 15 Nov 2011
In September 2007, the complainant requested a copy of the 2006 report of the Office of the Surveillance Commissioner’s (OSC) Inspection Report relating to the BBC. The complainant also requested a copy of the OSC’s covering letter and the BBC response to the report. The public authority provided the complainant with the information requested but … Continue reading BBC (Decision Notice): ICO 6 May 2010
The complainant requested information from Calderdale Primary Care Trust concerning the date, place and time a named individual had received sex change surgery. The PCT responded in accordance with the provision of section 1(1)(a) of the Freedom of Information Act 2000. The Commissioner considers that the PCT was excluded from its duty to respond to … Continue reading Calderdale Primary Care Trust (Decision Notice): ICO 3 Mar 2011
The complainant and his partner made a series of requests to the public authority under the Freedom of Information Act 2000 (‘the FOI Act’), and complained to the Commissioner about the public authority’s response to two of these requests. The complainant requested the minutes of a meeting that he alleged had taken place between employees … Continue reading Rotherham NHS Primary Care Trust (Decision Notice): ICO 23 Apr 2007
The complainant made a request under the Freedom of Information Act 2000 to the Liverpool Women’s NHS Foundation Trust for the text of any compromise agreements it had entered into with doctors and a list of exploratory or illustratory issues which were covered by the compromise agreements. Furthermore the complainant asked the Trust to provide … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 17 Nov 2009
The complainant submitted a request to the London Borough of Wandsworth concerning documents relating to the Trewint Street bridge over the River Wandle. The public authority stated that it had released many details since the correspondence began between the two parties on this issue in 1983. It further said that much of the information was … Continue reading Wandsworth Council (Decision Notice): ICO 8 Mar 2011
The complainant asked the public authority for information about specifications and costs for producing the ‘MadforArts’ project. The public authority provided some information but withheld other elements, citing the exemptions contained in sections 41, 43 and 40 of the Freedom of Information Act 2000 (‘the Act’). It subsequently dropped its reliance on section 41. The … Continue reading Department for Culture Media and Sport (Decision Notice) FS50087630: ICO 30 Aug 2007
The complainant requested the Administrators’ reports into the Presbyterian Mutual Society, which was placed in administration in November 2008. DETI refused to disclose the information, relying upon the exemptions set out in sections 31(1)(g) and (h) and 40(2) of the Freedom of Information Act 2000 (the Act). The Commissioner finds that the exemption in section … Continue reading Department of Enterprise Trade and Investment (Decision Notice): ICO 16 Dec 2010
The complainant asked the UK Border Agency to provide information relating to suspicious marriages and partnerships. The public authority provided some information but refused to disclose the remainder under sections 40(2) (personal information), 30(1) (investigations and proceedings) and 31(1) (law enforcement) of the Freedom of Information Act 2000. During the Commissioner’s investigation it also sought … Continue reading UK Border Agency (Decision Notice): ICO 17 Feb 2011
The complainant requested information held by several Universities, including Oxford University in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. The … Continue reading University of Oxford (Decision Notice): ICO 31 Mar 2009
The complainant made a request under the Freedom of Information Act 2000 to the Priory Group for information relating to the total amount of funding that the NHS has paid to Dr Veale’s Body Dysmorphic Disorder (BDD) treatment programme at the Priory Hospital from 2000 to the time of the request. In particular the complainant … Continue reading Priory Group (Decision Notice): ICO 17 Feb 2009
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The complainant made a request under the Freedom of Information Act 2000 to the Wirral University Teaching Hospital NHS Foundation Trust for specific information relating to a counter-fraud investigation into a named doctor. The Trust confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner’s … Continue reading Wirral University Teaching Hospital NHS Foundation Trust (Decision Notice): ICO 29 Jun 2009
The complainant requested a large quantity of information from the public authority to assist in his case against dismissal. The Commissioner has determined that some of the information requested was the complainant’s personal data and is exempt under section 40(1) of the Freedom of Information Act 2000 (the Act). He has referred it for an … Continue reading Brownhills Community Technology College (Decision Notice): ICO 3 Aug 2009
The complainant requested a copy of a report into the alleged financial mismanagement by staff at a specified school. Brent Council refused the request on the basis of section 31(1)(g) with respect to 31(2)(b) and section 40. At its internal review, the Council considered that sections 31(1)(b) and (c) applied, while also maintaining its reliance … Continue reading Brent Council (Decision Notice): ICO 17 Nov 2010
The complainant made a request under the Freedom of Information Act 2000 to Knowsley PCT for details of all the doctors who have been investigated by Knowsley PCT or referred to the National Clinical Assessment Service or the General Medical Council. The PCT refused to provide the requested information to the complainant as it stated … Continue reading Knowsley Primary Care Trust (Decision Notice): ICO 28 Jun 2010
The complainant made two requests for information concerning a medical examination on his late son on 13 August 1999, including the doctor’s name who conducted it. The public authority responded that it held no recorded information. The Commissioner determined that it was incorrect in this determination and therefore breached sections 1(1)(a) and (1)(1)(b) of the … Continue reading National Offender Management Service (Decision Notice) FS50190664: ICO 28 Sep 2009
The complainant made a freedom of information request to the public authority for information it held in relation to concerns it had about the management of the Leeds City Credit Union. The public authority refused the request under section 31 (Law Enforcement); section 40 (Personal information); section 43 (Commercial Interests) and section 44 (Prohibitions on … Continue reading Financial Services Authority (Decision Notice): ICO 1 Sep 2010
ICO The complainant requested information relating to the Independent Commission on Freedom of Information (the Commission). The Cabinet Office denied holding information for one part of the complainant’s request. For the other requests, it refused to disclose the relevant information because it was third party personal data under section 40(2) of the Freedom of Information … Continue reading Cabinet Office (Central Government) FS50611073: ICO 3 Apr 2017
The complainant made a request under the Freedom of Information Act 2000 to the Royal Orthopaedic Hospital NHS Foundation Trust for specific information relating to an incident involving a patient. The Trust confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner’s decision is that … Continue reading Royal Orthopaedic Hospital NHS Foundation Trust (Decision Notice): ICO 3 Dec 2009
The complainant asked the public authority for information about two firms of stockbrokers. The public authority did not hold information about one; provided a small amount of information about the other; and applied the exemptions under sections 44, 43 and 40 of the Freedom of Information Act 2000 to the remaining information. After the Commissioner’s … Continue reading Financial Services Authority (Decision Notice): ICO 18 Nov 2009
The complainant requested information from Lancaster City Council regarding its decision to award an enhanced pension to a former town clerk. Although the Council provided some information, it refused to disclose the remaining information under sections 40(2) and 41(1) of the Freedom of Information Act 2000. The Commissioner has investigated and considers that the requested … Continue reading Lancaster City Council (Decision Notice): ICO 17 Nov 2009
ICO The complainant made a freedom of information request to NHS England for the costs of suspending a named doctor. In response NHS England refused to confirm or deny if the requested information was held under section 40(5)(b)(i). The Commissioner’s decision is that section 40(5)(b)(i) was incorrectly applied and NHS England failed to comply with … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 28 Jan 2016
ICO The complainant has requested communications between two named organisations and the Charity Commission’s Chief Executive, Chairman, Legal Director, Director of Investigations, Monitoring and Enforcement and the Chief Operating Officer. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2)(a), (c), … Continue reading Charity Commission (Local Government (Other)): ICO 29 Sep 2015
ICO The complainant requested information relating to the public duty cost allowance afforded to former Prime Ministers of the UK. The Cabinet Office refused the request under sections 21(1), 22(1) and 40(2) of the Freedom of Information Act 2000 (the Act). During the course of the investigation the Cabinet Office sought to rely on sections … Continue reading Cabinet Office (Central Government) FS50560132: ICO 17 Aug 2015
ICO The complainant has requested information about an investigation in relation to [named charity]. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (b), (c), (g) and (h) and section 40(2) and 42 of the Freedom of Information Act 2000 … Continue reading Charity Commission (Local Government (Other)): ICO 19 May 2015
The complainant requested information about the East Marsh wind turbine survey. The council handled the request under the Freedom of Information Act 2000 (FOIA) and disclosed some of the requested information, but withheld the remainder as personal data citing section 40(2) and additionally section 41(1) of the Act. The Commissioner finds that the Council should … Continue reading Hackney London Borough Council (Decision Notice): ICO 23 Jun 2011
The complainant requested information from Salford City Council (the Council) relating to its councillors and the Mayor of Salford. The Council initially refused the requests as vexatious under section 14(1) of the Freedom of Information Act 2000 (the Act). After an internal review the Council provided some of the relevant information it held, refused parts … Continue reading Salford City Council (Local Government (City Council)): ICO 24 Jun 2015
The complainant made a request under the Freedom of Information Act 2000 (the ‘Act’) to the General Medical Council (the ‘GMC’) for ‘all correspondence between the GMC, [named doctor] and his employers’. The GMC confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner finds … Continue reading General Medical Council (Decision Notice): ICO 22 Oct 2008
ICO The Commissioner’s decision in this matter is that the Department of Health (the ‘Department’) did not deal with the complainant’s request in accordance with Part I of the Act in that it failed to comply with its obligations under section 1(1). The Commissioner found that the Department incorrectly applied the exemptions under sections 36(2)(c), … Continue reading Department of Health (Decision Notice): ICO 18 Mar 2008
ICO The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny … Continue reading Department of Health (Decision Notice): ICO 21 Dec 2009
The complainant asked the Ministry of Justice (the ‘public authority’) to provide information relating to representations made by The Queen or the Royal Household regarding UK Freedom of Information law. The public authority withheld the disputed information on the basis of the exemptions at sections 35(1)(a) (formulation or development of government policy), 37(1)(a) (communications with … Continue reading Ministry of Justice (Decision Notice) FS50285971: ICO 2 Nov 2010
ICO The complainant made a request to the Department of Health (the ‘DoH’) for copies of all minutes of the Board of Advisors Anti Stigma and Discrimination programme meetings that had taken place as at the date of his request. The DoH provided redacted copies of these minutes and informed the complainant that information had … Continue reading Department of Health (Decision Notice): ICO 25 Jun 2009
ICO The complainant requested a copy of a contract agreed by the public authority for the provision of a national broadband network under the NHS National Programme for IT with certain information removed. The public authority initially refused to disclose the contract under sections 12 (cost of compliance exceeds the appropriate limit) and 43(2) (prejudice … Continue reading Department of Health (Decision Notice): ICO 29 Jan 2009
The complainant requested information from the London Borough of Merton (the Council) concerning proposals to make certain roles within the Council redundant. The Council initially refused to provide any information citing the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000 (the FOIA). In relation to the latter exemption, it concluded … Continue reading Merton London Borough Council (Decision Notice): ICO 24 Aug 2010
ICO The complainant made a request for information about two police officers serving within Essex Police (the ‘public authority’). The information was withheld under the exemption in section 40(2) (personal information) of the Freedom of Information Act 2000 (the ‘Act’). The Commissioner’s decision is that the exemption at section 40(2) is engaged but that disclosure … Continue reading Essex Police (Decision Notice): ICO 1 Feb 2010
ICO The complainant requested information relating to the absence of a senior member of the council’s staff. The council said that some information was already publicly available and that it wished to rely on section 40(2) of the Freedom of Information Act 2000, the exemption relating to third party personal data. During the Commissioner’s investigation, … Continue reading Wirral Metropolitan Borough Council (Decision Notice): ICO 30 Apr 2013
The complainant requested under the Freedom of Information Act 2000 the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but considered that the request was invalid. If the request was not invalid, then it believed sections 14(1), 21(1),38(1) 40(2) and section 44(1) of the Act applied … Continue reading City University (Decision Notice): ICO 23 Jun 2011
ICO The complainant made a request to the Department of Health for information it held in relation to the plain packaging of tobacco products. The public authority refused the request under section 35(1)(a) (Formulation and development of government policy). Some information was subsequently disclosed at the internal review stage and some other information was disclosed … Continue reading Department of Health (Decision Notice): ICO 26 Apr 2011
ICO The complainant requested copies of correspondence exchanged between The Prince of Wales and the Secretary of State at the public authority over a three year period. The complainant also requested a list and schedule of this correspondence. The public authority confirmed that it held information falling within the scope of the request but refused … Continue reading Department of Health (Decision Notice): ICO 7 Mar 2011
ICO The complainant has requested information around the Secretary of State’s decision to request the Care Quality Commission (CQC) inspect abortion premises. The Department of Health (DoH) informed the complainant information was held but was being withheld under sections 31(1)(g), 35(1), 40(2) and 41. The DoH provided this information to the complainant during the Commissioner’s … Continue reading Department of Health (Decision Notice): ICO 6 Aug 2012
The complainant has requested information relating to the Atlantic Bridge organisation. The Charity Commission said that some of the requested information was not held. It provided the complainant with some of the information requested which was held. It withheld the remaining information under section 31(1)(g) with subsection (2)(c), (f), (g) and (h), section 21, section … Continue reading Charity Commission (Decision Notice): ICO 14 Oct 2013
The complainant asked the public authority for information about proposals to establish a dedicated Gaelic television channel. The public authority withheld the information citing the exemptions in sections 21(1), 35(1)(a), (b) and (c), 40(2)(a), 41(1)(a) and (b), and 43(2) of the Freedom of Information Act 2000 (‘the Act’). Following an internal review it released some … Continue reading Scotland Office (Decision Notice): ICO 29 Oct 2007
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
The complainant requested information from Liverpool City Council (the council) about the amount of money spent on departments relocating to other premises. The council refused to comply with the request on the basis that to do so would exceed the . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The complainant requested information from the London Borough of Sutton relating to a named individual. The council originally said that the information was exempt under section 40(2) of the Freedom of Information Act 2000, the exemption relating to . .
The complainant asked the Home Office to provide information concerning its contract to deliver the early releases of the National Identity Scheme. The public authority provided some information but refused to disclose the remainder citing the . .
The complainant asked the Home Office to provide information concerning its contract to upgrade its application and enrolment system, forming part of the National Identity Scheme. The public authority provided some information but refused to . .
The complainant requested information about the reasons for the suspensions of two senior members of staff at a particular school. The council refused to provide the information, citing section 40(2) of the Freedom of Information Act 2000, the . .
The complainant requested information from Broxbourne Borough Council (the council) concerning the council’s remuneration panel. The council provided some information but withheld other information using the exemptions under section 40(2), 36 and 43 . .
ICO The complainant requested information relating to the Independent Commission on Freedom of Information (the Commission). The Cabinet Office denied holding information for one part of the complainant’s . .