The complainant requested information concerning alterations being made to the interior of a neighbouring property. Brentwood Borough Council (the ‘Council’) refused the request on the grounds that it was the personal data of the owner of that property and that disclosure would be unfair to that individual. The Information Commissioner’s (the ‘Commissioner’) decision is that the Council was correct to refuse the request as the exemption provided by section 40(2) of the FOIA was engaged. The Council is not, therefore, required to disclose this information. The Council is, however, reminded to handle requests for information in accordance with FOIA as it failed to fully explain why the exemption was engaged and did not issue a proper refusal notice. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
Citations:
[2013] UKICO FER0462894
Links:
Jurisdiction:
England and Wales
Information
Updated: 08 June 2022; Ref: scu.527920