8 January 2008, Police and criminal justice
The complainant requested the agreement leading to the reinstatement following suspension of a senior officer at the public authority. The public authority withheld this, citing sections 38 (health and safety), 40 (personal information) and 41 (information provided in confidence). Following the intervention of the Commissioner, the public authority dropped its claim that section 38 applied. The Commissioner finds that the exemption provided by section 40(2) is not engaged as, whilst the information in question does constitute personal information, its disclosure would not breach the data protection principles. The Commissioner also finds that the exemption provided by section 41 is not engaged as the information in question was not provided to the public authority from a third party. The public authority is required to disclose the information initially withheld. Information Tribunal appeal (EA/2008/0008) has been withdrawn.
FOI 1: Upheld