Information Commissioner's Office

Summary: The request related to the complainant's occupation of a mill owned by the council, and while much information was provided some was withheld under various exemptions. As the investigation proceeded it became apparent that much, but not all, of the information requested was personal data about the complainant and although exempt from the Act under section 40 (personal data) access to it should have been considered under the Data Protection Act 1998. However, only where it would make a difference to the complainant's right of access did the Commissioner consider it necessary to separate out the personal from the non-personal data. The Commissioner concluded that although all the information that the council had originally withheld under various exemptions was in fact exempt it had not applied the most appropriate exemptions.
Section of Act/EIR & Finding: FOI 1 - Complaint Not upheld, FOI 36 - Complaint Upheld, FOI 41 - Complaint Not upheld, FOI 42 - Complaint Not upheld