The complainant has requested information relating to complaints he has made about the public authority. Having initially declared the request to be ‘vexatious’ the public authority subsequently advised that it was exempt by virtue of sections 40(1) and 40(2). The Information Commissioner considers that any information would be the complainant’s ‘personal data’ as it would all relate to complaints he has made about the public authority. It is therefore exempt by virtue of the exemption at section 40(1). Furthermore the exemption provided by section 40(5)(b)(i) should have been applied which means that the public authority was not required to confirm or deny whether it holds any information under the Act. The Information Commissioner does not require the public authority to take any steps.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
Citations:
[2012] UKICO FS50425893
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 October 2022; Ref: scu.529222
