30 July 2007, Local government (City council)
The complainant requested information relating to a complaint made about her whilst performing her duties as a councillor. The public authority released some of the information but refused to release the rest on the basis that it was exempt under sections 31 and 40 of the Freedom of Information Act 2000 (the “Act”). Having considered the relevant provisions of the Act and the submissions received from both parties, the Commissioner is satisfied that the public authority has validly withheld the requested information under section 40(1) of the Act and the Commissioner will now separately assess whether the complainant is entitled to the information under the provisions of the Data Protection Act 1998.
FOI 40: Not upheld