The complainant asked the public authority for ‘all data pertaining to’ a freedom of information request which he had made previously. The public authority withheld some information under section 42 of the Freedom of Information Act 2000 (‘the Act’) and the rest under section 36. The Commissioner decided that information had been correctly withheld under section 42. Of the remaining information, he decided that it was exempt under section 36(2) but the public interest favoured disclosure, although part of the information relating to the identity of officials dealing with the complainant’s request together with references to other individuals’ freedom of information requests was exempt under section 40. The Commissioner also decided that the public authority did not comply with its obligations under section 17(1) in that it had failed to provide an adequate explanation of the public interest factors applicable to the exemption in section 36(2).
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 36 – Complaint Upheld, FOI 42 – Complaint Upheld
Citations:
[2009] UKICO FS50173585
Links:
Statutes:
Freedom of Information Act 2000 36 42
Jurisdiction:
England and Wales
Information
Updated: 13 July 2022; Ref: scu.532386
