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You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Decision Notice) [2010] UKICO FS50268856 (21 December 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50268856.html
Cite as: [2010] UKICO FS50268856
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Birmingham City Council (Decision Notice) [2010] UKICO FS50268856 (21 December 2010)
Summary: The complainant made a number of requests for information to the public authority and referred the following three to the Commissioner:A report concerning the recruitment process relating to a named individual;Any recorded information in respect to the searches with the Insolvency Service concerning a specified allegation about the named individual; andThe named individual-™s Curriculum Vitae.It provided a redacted version of the information it held for (1) but applied sections 40(2) and 42(1) to the remainder. It explained in its internal review that the information, if held, should be disclosed for (2), but later explained it held no relevant recorded information for (2). The public authority withheld the information it held for (3), applying section 40(2).The Commissioner has found that for (1) he supports the application of sections 21(1), 40(2) and 42(1) to some parts of the withheld information. For (2), he considers on balance of probabilities that the public authority did not hold any relevant recorded information at the date of the request, and for (3), that the public authority applied section 40(2) correctly. He also found a number of procedural breaches. He orders that the information which was incorrectly withheld be disclosed in 35 calendar days.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 21 - Complaint Upheld, FOI 40 - Complaint Partly Upheld, FOI 42 - Complaint Not upheld