Information Commissioner's Office

Summary: The complainant asked the Council to disclose information relating to surveys carried out on particular Council properties which were being sold off. The Council responded to the complainant-�s request and disclosed some of the requested information, However it refused to disclose the remainder (-�the withheld information-�) citing sections 40 and 43 of the Act. The Commissioner considered the withheld information and the Council-�s application of the exemptions and concluded that some of the withheld information was exempt from disclosure under section 40(2) by virtue of section 40(3)(a)(i) of the Act. In respect of the remaining withheld information he did not consider that the exemption under section 43(2) was engaged. The Commissioner has ordered disclosure of the remaining withheld information. He has also identified some procedural breaches on the part of the Council.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 43 - Complaint Upheld