Summary: The complainant requested information from Rochdale Borough Council (the Council) relating to the employment of a named social worker. The Council withheld some of this information on the grounds that section 40(2) of the Act applied; in that the information requested constituted the social worker-™s personal data and to release it would be unfair to him. The Council refused the remaining information by virtue of section 40(5)(b)(i) in that it neither confirmed or denied if it held the requested information. The Commissioner is satisfied that the Council was correct to apply section 40(5)(b)(i) in this case; however, the Commissioner also finds that it would not be unfair to release the information withheld by virtue of section 40(2). Therefore the Commissioner requires the Council to provide the complainant with the information withheld at parts 2 and 3 of her request within 35 calendar days.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Partly Upheld