The complainant has requested information about how the Council voted in a Business Improvement District (BID) ballot. The Council refused to provide the information, relying on sections: 44(1)(a) – prohibition on disclosure; 42 – legal professional privilege; and 40(2) – third party personal data, of the FOIA. The Commissioner’s decision is that Birmingham City Council has correctly engaged sections 40(2) and 42 of the FOIA and the public interest rests with maintaining the latter exemption. She does not find that section 44(1)(a) is engaged. She also finds that the Council has breached section 10 of the FOIA by failing to respond to the request within 20 working days, and section 1 of the FOIA by failing to disclose information held falling within the scope of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose all information withheld under section 44(1)(a); and issue a fresh response to the information contained within confidential Annex A
FOI 42: Complaint not upheld FOI 10: Complaint upheld FOI 40(2): Complaint not upheld FOI 1(1): Complaint upheld FOI 44(1)(a): Complaint upheld
Citations:
[2019] UKICO fs50748206
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 October 2022; Ref: scu.634950
