The complainant has requested information relating to an application for discretionary relief from non-domestic rates for a specified commercial property. Information was disclosed, with names of some individuals contained in the information redacted, applying the provisions of the exemption at section 40 of FOIA to comply with the requirements of the Data Protection Act 1998 (the DPA). Further information was redacted, citing the exemption at section 31 of FOIA which relates to law enforcement. The complainant has appealed Birmingham City Council’s use of the exemptions at sections 31 and 40 of FOIA. The Commissioner’s decision is that Birmingham City Council has correctly withheld the personal data, redacted from the information disclosed to the complainant under section 40, but the exemption at section 31 is not engaged. The Commissioner requires the public authority to disclose the information redacted under the provisions of section 31(1)(a) of FOIA.
Section of Act/EIR and Finding: FOI 31 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2012] UKICO FS50408377
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 February 2022; Ref: scu.529262
