The complainants have requested information held by the council on their company and on themselves. The council responded by applying section 36(2) of the FOI Act (prejudice to the effective conduct of public affairs), section 40(2) (personal data) and section 41 (information provided in confidence). The Commissioner’s decision is that the council has incorrectly applied all three exemptions. The Commissioner requires the public authority disclose the withheld information to the complainants. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 36: Upheld FOI 40: Upheld FOI 41: Upheld
Citations:
[2015] UKICO FS50564896
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 December 2022; Ref: scu.555444