The complainant requested relevant recorded information about how the public authority dealt with a request for information in respect of a complaint made by him. He received some information but disputed the application of section 42(1) in respect to the legal advice that had been received. The public authority applied section 42(1) [legal professional privilege] to this information. The Commissioner has decided that this information is the complainant’s personal data and that the public authority should have applied section 40(1) to it and considered the request under the Data Protection Act (the -?DPA’). He will conduct a further assessment under section 42 of the DPA and the result will be communicated to the complainant. He requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
 UKICO FS50300314
England and Wales
Updated: 21 May 2022; Ref: scu.531556