Information Commissioner's Office

Summary: The complainant was formerly chairman of the trustees of charity registered with the Charity Commission, and on behalf of the trustees requested the source and nature of the information which triggered action by Charity Commission against the charity. The Charity Commission provided copies of relevant correspondence from both the complainant and the Charity Commission, but withheld a confidential letter from the source, citing section 41 (information provided in confidence), section 40 (personal data) and section 31 (law enforcement). The Commissioner is satisfied that section 41 is engaged, and that this exemption is of itself sufficient to warrant withholding the information. Additionally, the Commissioner believes that under section 40 disclosure would be unfair and would contravene the first data protection principle. Finally, the Commissioner did not proceed to a decision on section 31 of the Act, which was also cited by the Charity Commission, although he accepts that this section may well be relevant to the circumstances.
Section of Act/EIR & Finding: FOI 41 - Complaint Not upheld, FOI 40 - Complaint Not upheld