The complainant has requested information from Halton Borough Council which concerns live business rates accounts with a value greater than or equal to pounds 5,000. The Council has refused the complainant’s request in reliance on section 40(2) of the FOIA on the grounds that the information is the personal data of third parties, and also in reliance on section 41(1) of the FOIA, on the grounds that the requested information was provided to the Council in confidence. The Commissioner has decided that the Council is not able to rely on the exemption provided by section 40(2). This is because the recorded information does not satisfy the definition of personal data provided by the Data Protection Act 2018. However, the Commissioner has also decided that the Council has correctly applied the exemption provided by section 41 of the FOIA to the requested information.
FOI 40: Complaint upheld FOI 41: Complaint not upheld
[2020] UKICO fs50837710
Bailii
England and Wales
Information
Updated: 27 December 2021; Ref: scu.653589
