The complainant requested information from Devon County Council relating to any allegations made against a business that they are associated with. The Council refused to confirm or deny if information was held under section 40(5B) (third party personal information) of the FOIA. The Commissioner’s decision is that any information held by the Council that fell within the scope of the request would be the complainant’s personal data. The Council was therefore correct to neither confirm nor deny whether the requested information was held, but should have applied section 40(5A) (personal information of the requestor). The Commissioner does not require the Council to take any steps as a result of this decision notice. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0349 under appeal.
FOI 40(5): Complaint not upheld EIR 5(2): Complaint upheld
Citations:
[2021] UKICO ic-89838
Links:
Jurisdiction:
England and Wales
Information
Updated: 12 December 2022; Ref: scu.675008