The complainant has requested from Norfolk County Council (‘the council’) the social care records of his late mother. The council relied on the exemption at section 41(1) of the Freedom of Information Act (‘FOIA’) that the information cannot be disclosed as it would constitute an actionable breach of confidence. During the Commissioners investigation, the council also relied on the exemption for personal data under section 40(2) for part of the requested information and the exemption where disclosure would prejudice the effective conduct of public affairs under section 36(2). The Commissioner’s decision is that the council correctly withheld the information using section 41(1) of the FOIA, apart from some information that represents the complainant’s personal data which ought to have been considered separately in accordance with the rights of subject access provided by the Data Protection Act 1998 (‘the DPA’). Information Tribunal appeal number EA/2012/0182 has been disposed of by way of a consent order.
Section of Act/EIR and Finding: FOI 41 – Complaint Not upheld
Citations:
[2012] UKICO FS50431237
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 August 2022; Ref: scu.529758