Summary: The complainant requested a letter of complaint about a named doctor-™s surgery. He also requested who wrote it and when. The public authority explained that it was confidential and that it would not be provided. It then applied section 40(2) [third party personal data] to the source-™s details in its internal review. The Commissioner has investigated this case and it became apparent that the letter could not be located within the costs limit. The Commissioner has therefore considered section 12(2) [the costs exclusion] and has found that it can be applied correctly. He finds a breach of section 17(5) for not providing a refusal notice that stated that the costs exclusion applied within twenty working days of receiving the request. In respect to the source-™s name, he has considered section 40(2) and considers that this exemption has been applied correctly. In respect to the date, he is satisfied that the complainant has this information and has not considered it further. He requires no remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 40 - Complaint Not upheld, FOI 17 - Complaint Upheld