The complainant requested a copy of the public authority’s report into an accident involving their client. Although some information was provided to the complainant under the Data Protection Act 1998 the public authority refused to provide some information on the grounds that it was exempt under section 30(1)(b) of the Freedom of Information Act 2000. It also stated that it no longer held some emails that were referred to in documentation relating to its investigation into the accident. After investigating the case the Commissioner found that the withheld information was actually the personal data of the complainant’s client. This information is therefore exempt from disclosure under the Act under section 40(1), and should instead be considered for disclosure under the DPA. In relation to the outstanding emails identified by the complainant, the Commissioner found that this information was not held by the public authority at the time of the request.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, FOI 40 – Complaint Not upheld
Citations:
[2011] UKICO FS50347198
Links:
Jurisdiction:
England and Wales
Information
Updated: 06 July 2022; Ref: scu.530335
