Summary: The complainant requested the Council to release copies of all recorded information it held in relation to a complaint she raised against a parish councillor. The Council responded refusing to disclose the information under sections 41 and 42 of the Act. During the Commissioner-™s investigation the Council claimed a late reliance on section 40(2) of the Act, as it identified that the requested information contains personal data. The Commissioner has considered the application of section 40(2) of the Act in this case and is satisfied that the requested information should be withheld under this exemption. As he is satisfied that section 40(2) of the Act applies to the requested information, he did not go on to consider the Council-™s former reliance on sections 41 and 42 of the Act.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld