14 May 2007, Education (College)
The complainant requested information relating to complaints made against two named individual officers of the public authority. The public authority refused to confirm or deny that any information of the description requested was in fact held by the authority, citing the exemption at section 40 of the Act. This section allows information to be withheld if it constitutes personal data and to confirm or deny its existence would breach any of the data protection principles. The Commissioner has decided in this case that the public authority applied the Act correctly in citing the section 40 exemption and therefore requires no further action to be taken.
FOI 40: Not upheld