The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) the workplace email addresses of all of the public authority’s staff. The public authority confirmed that it held the information, but believed that it was exempt. It argued that the request may be invalid by virtue of section 8, but in the event that it was valid, sections 40(2) [third party personal data] and section 14(1) [vexatious requests] applied. The complainant requested an internal review and the public authority maintained its position. The complainant then referred this case to the Commissioner. During the course of his investigation, the public authority provided evidence that it was now relying on section 36(2)(c) [information would prejudice the effective conduct of public affairs]. The Commissioner finds that section 36(2)(c) was engaged and that in all the circumstances of the case the public interest favoured the maintenance of the exemption over the disclosure of the information. He has therefore not been required to make a formal decision about the operation of either section 40(2) or section 14(1). He has found procedural breaches of sections 17(1)(b) and section 17(3), but requires no remedial steps to be taken.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 36 – Complaint Not upheld
Citations:
[2011] UKICO FS50318740
Links:
Jurisdiction:
England and Wales
Information
Updated: 12 July 2022; Ref: scu.530487
