Information Commissioner's Office

South Tyneside Council

1 October 2007, Local government (District council)

The complainant asked the Council for information which it held about the Tyne and Wear Anti-Fascist Association (“TWAFA”). In its response the Council provided to the complainant most of the requested information, but redacted the names and contact details of TWAFA staff and organisations associated with it. In doing so, the Council cited the exemptions contained in sections 38(1)(a) and (b), and section 40(2) of the Freedom of Information Act (“the Act”). The Council also withheld four internal emails which it considered to be exempt under section 36 of the Act. Following the Commissioner’s intervention, the Council identified further relevant information, which it later provided to the complainant after redacting the personal details of TWAFA staff. The Commissioner has decided that sections 36, 38 and 40 are engaged, and that the public interest lies in favour of maintaining the exemptions. However, he has concluded that the Council failed to comply with section 1(1) of the Act as the complainant was not informed of all information held about TWAFA until a further search was carried out at the request of the Commissioner.

FOI 1: Upheld