ICO The complainant requested a copy of a briefing document prepared for a Minister by a DoH official. The DoH initially cited section 14(1), and refused to deal with the request on the grounds that it was vexatious. During the Commissioner’s investigation he found that some of the requested information was, in fact, the complainant’s personal data and this was instead considered for disclosure by the DoH under section 7 of the Data Protection Act 1998. In relation to the outstanding information, which was not the personal data of the complainant, the DoH dropped its use of section 14(1), and instead disclosed the information to him. As the information which is the personal data of the applicant is absolutely exempt from disclosure under the Act under section 40(1), and as the information which was not his personal data has now been disclosed, there are no steps the Commissioner can order to be taken. However, in failing to disclose the non-personal data within 20 working days, the Commissioner finds that the DoH did not meet the requirements
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 40 – Complaint Not upheld
[2010] UKICO FS50293611
Bailii
Freedom of Information Act 2000
England and Wales
Information
Updated: 12 December 2021; Ref: scu.531588
