Information Commissioner's Office

Summary: The complainant requested, under the Freedom of Information Act 2000, all the relevant correspondence generated in respect of two complaints that she had submitted to the public authority. The public authority replied that some of the information requested amounted to her own personal data and was exempt by virtue of section 40(1) [first party personal data]. This information was then considered under the Data Protection Act 1998. The remainder of the information was withheld under section 44(1) [statutory bar]. The Commissioner has carefully considered this case. He has concluded that the information that was the personal data of the complainant was exempt by virtue of section 40(1). For the remainder, he has determined that the public authority was entitled to apply section 44(1) to some, but not all of information. The information that was withheld incorrectly has now been disclosed. The Commissioner has noted procedural breaches of sections 1(1)(b), 10(1) and 17(1), but requires no remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 44 - Complaint Partly Upheld