The complainant wrote to the Parliamentary and Health Service Ombudsman to request information regarding its handling of a complaint he had previously made against the Planning Inspectorate. Whilst the public authority disclosed to the complainant some of the information it held, it also withheld some information under section 44 of the Act which provides for an exemption where the disclosure of information is prohibited under any other law or enactment. The public authority said that the relevant statutory prohibition was section 11(2) of the Parliamentary Commissioner Act 1967. The Information Commissioner has considered the complaint and has found that the public authority correctly withheld the information under section 44 of the Act. In addition the Commissioner found that the withheld information is exempt under section 40(1) because it constitutes the personal data of the complainant. The Commissioner also found that the public authority breached section 17 of the Act by failing to issue the complainant with a refusal notice within 20 working days of receiving the request and breached section 10 of the Act by failing to communicate to the complainant within 20 working days the disclosable information. The Commissioner requires no steps to be taken by the public authority. Information Tribunal appeal EA/2009/0011 withdrawn.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld, FOI 44 – Complaint Not upheld
[2009] UKICO FS50159410
Bailii
England and Wales
Updated: 20 July 2021; Ref: scu.531939
