The complainant requested copies of any correspondence between council officers or between council officers and councillors that relate in any way to requests for information that he had made about ‘the Challenge panel papers’. The council relied on the exemption under section 36(2)(b)(i) and (ii). The Commissioner investigated and found that a small amount of the information was the complainants own personal data and needed to be considered separately under the Data Protection Act 1998 He also found that some of the withheld information was actually exempt under section 42(1) and the public interest favoured maintaining that exemption. In relation to the remaining information, the Commissioner found that section 36(2)(b)(i) and (ii) was engaged but the public interest favoured disclosure of the information. The council is required to disclose this information within 35 days. The Commissioner found breaches of section 1(1)(b), section 10(1) and 17(1). Information Tribunal appeal number EA/2012/0003 has been disposed of by way of a consent order.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 36 – Complaint Upheld, FOI 42 – Complaint Not upheld
Citations:
[2011] UKICO FS50381681
Links:
Jurisdiction:
England and Wales
Information
Updated: 19 May 2022; Ref: scu.531077
