ICO The complainant requested information from Haringey Council (‘the Council’) relating to an investigation carried out by the Councils Monitoring Officer into allegations the complainant had made regarding the Chief Executive of the Council. The Council initially stated that the request was for personal data about the complainant must be treated as a subject access request under the Data Protection Act 1998 but altered it’s position following an internal review of the case when it stated that the information is exempt under section 36 and section 42 of the Freedom of Information Act 2000. The Commissioner has reviewed the requested information and has decided that the Council correctly applied section 36 in this case. During the investigation the Council retracted it’s reliance on the exemption at section 42 and disclosed the information previously withheld under that exemption. The Council also committed a number of procedural breaches but the Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 36 – Complaint Not upheld
[2009] UKICO FS50202969
Bailii
Freedom of Information Act 2000, Data Protection Act 1998
England and Wales
Information
Updated: 13 December 2021; Ref: scu.532172
