Information Commissioner's Office

Summary: The complainant requested information concerning correspondence between BNFL and private investigators. BNFL provided some redacted information, but refused to disclose the bulk of the information, relying upon the exemptions set out in sections 31(1)(g), 40(2) and 42 of the Act. The Commissioner has concluded that BNFL has not provided sufficient information to demonstrate that section 31(1)(g) is engaged. He has concluded that the majority of the withheld information constitutes personal data and that in relation to most of it disclosure would breach the First Data Protection Principle as it would be unfair. However he has concluded that a small amount of additional information withheld under section 40(2) would not breach the First Data Protection Principle and therefore it should be disclosed. The Commissioner has also ordered BNFL to release some additional information that it agreed was not exempt during the course of the investigation and has recorded a number of procedural breaches in respect of the handling of the request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld