Summary: The complainant requested information concerning reports of anti-social behaviour directed at her address. The public authority refused to confirm or deny if it held information falling within the scope of the request and cited the exemption provided by section 40(5)(a) (personal information) on the basis that, if it did hold information falling within the scope of the request, this information would constitute the personal data of the complainant. (The complainant has also made a subject access request under section 7 of the Data Protection Act 1998.) The Commissioner finds that any information held by the public authority falling within the scope of the request would constitute the personal data of the complainant and so the exemption provided by section 40(5)(a) is engaged. The public authority is not, therefore, required to take any steps in relation to the complainant-™s information request.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld