The complainant asked the public authority to provide information relating to a disciplinary investigation into a named member of staff. The public authority refused to disclose the information relying on section 40(2) of the Act. The Commissioner finds that the public authority should have refused to confirm or deny whether it held the information falling within the scope of the request, citing the exemption provided by section 40(5)(b)(i) of the Freedom of Information Act 2000. The Commissioner finds that confirmation or denial would disclose personal data and that the disclosure of this personal data would be in breach of the first data protection principle. The exemption provided by section 40(5)(b)(i) is therefore engaged and the public authority is not required to take any steps. The complaint is not upheld.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
 UKICO FS50280288
England and Wales
Updated: 30 December 2021; Ref: scu.530537