The complainant requested information from the London Borough of Sutton relating to a named individual. The council originally said that the information was exempt under section 40(2) of the Freedom of Information Act 2000, the exemption relating to personal data. It subsequently clarified that as the individual concerned was employed by an agency rather than directly by the council, the information was not held. The Commissioner’s decision is that on the balance of probabilities, the council did not hold the requested information. He found that the council had breached section 1(1)(a) and 10(1) of the FOIA because of its failure to state that it did not hold the information. The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld
[2012] UKICO FS50432108
Bailii
England and Wales
Updated: 05 September 2021; Ref: scu.529535 br>