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You are here: BAILII >> Databases >> Information Commissioner's Office >> South Tyneside Council (Decision Notice) [2011] UKICO FS50275763 (24 February 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50275763.html
Cite as: [2011] UKICO FS50275763
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South Tyneside Council (Decision Notice) [2011] UKICO FS50275763 (24 February 2011)
Summary: The complainant submitted two letters containing 78 requests for information to South Tyneside Council (-˜the Council-™). The Council aggregated these requests and initially withheld the requested information under section 12, section 14 and section 21. As a result of its internal review, the Council provided some information. However, it stated that it did not hold some of the requested information, and withheld the remainder under the exemptions at section 12 and section 40. The Commissioner has investigated and found that the Council does not hold some of the requested information. However, it breached section 1(1)(a) by failing to inform the complainant of this. The Council has also applied section 40 to some of the complainant-™s requests, and has complied with section 1(3) by requesting clarification of others. The Commissioner found that the Council was correct to aggregate the remainder of the requests, but failed to provide adequate evidence that the exemption at section 12 applied. Consequently, the Commissioner requires the Council to comply with section 1(1) in relation to the complainant-™s outstanding requests for information. The Council must take the steps required within 35 days of this notice.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 12 - Complaint Upheld