The complainant made two requests for information to Exeter City Council (‘the Council’) relating to Pinhoe Community Hub, a project to provide improved facilities for the community in Pinhoe, Exeter. The Council initially refused the first request under section 14(2) of the FOIA – repeated requests. After reconsidering the request, the Council provided some of the information within its scope, but withheld some names, addresses and signatures under section 40(2) – third party personal data. Regarding the second request, which related to an internal audit report, the Council disclosed part of the report, but withheld the majority of it under all three limbs of section 36(2) – prejudicial to the effective conduct of public affairs. The Commissioner’s decision is that the Council correctly withheld the personal information falling within the scope of the first request under section 40(2). Regarding the second request, for the internal audit report, the Commissioner has determined that the exemptions at section 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) are engaged in respect of the report; however, she has determined that the balance of the public interest favours disclosure of the withheld parts of the report. In respect of this, however, she has pro-actively applied section 40(1) – personal data of the applicant – and section 40(2) – third party personal data – to some of the information in in the report, which is therefore exempted from the Council’s duty to disclose. The Council, however, is ordered to disclose the remainder of the report, as described in this notice. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: subject to paragraphs 106-114 of this notice, disclose the internal audit report to the complainant.
FOI 36: Complaint upheld FOI 40: Complaint not upheld
Citations:
[2020] UKICO fs50874698
Links:
Jurisdiction:
England and Wales
Information
Updated: 30 November 2022; Ref: scu.653638
