Information Commissioner's Office

Summary: The complainant asked the public authority for information which it held about the British National Party and the Tyne and Wear Anti - Fascist Association (TWAFA). In its response the Council said that it held no information about the BNP. It made available to the complainant all information held on TWAFA but redacted the names and contact details of individuals and groups, citing the exemption contained in section 38 of the Freedom of Information Act 2000. The Council also withheld three documents because it considered that the information contained within them was exempt by virtue of section 42 of the Act. However, having reviewed the position, the Council later provided two of these documents to the complainant. The Commissioner has decided that sections 38 and 42 are engaged in this case and that the public interest lies in favour of maintaining those exemptions. He has also decided that section 40 is engaged in respect of certain personal information. Therefore, the Commissioner does not require the Council to take any further action.
Section of Act/EIR & Finding: FOI 38 - Complaint Not upheld, FOI 42 - Complaint Not upheld, FOI 40 - Complaint Not upheld