Summary: The complainant requested a copy of Counsel's legal advice, held by the Council in response to a legal case to which the complainant was a significant party. The Council refused the request under section 40 of the Act (personal data), and also under section 42 (legal professional privilege). The Commissioner viewed the information and has decided the legal professional privilege exemption applies and that the public interest rests in maintaining the exemption. As a result of this section 40 was not considered further for the purposes of the Decision Notice. The Infomation Tribunal has ruled on this decision and has dismissed this appeal.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld, FOI 40 - Complaint Not upheld