Summary: The complainant asked East Riding of Yorkshire Council (the -public authority-) to provide information relating to a council officer-s remuneration package on his early retirement. The Council advised the complainant that some information was already available and that it was therefore exempt by virtue of section 21. It withheld further information using the exemption under section 40(2) of the Freedom of Information Act 2000 (the -Act-). The Commissioner investigated and decided that section 21 did not apply as the information was not available as indicated. However, he also found that 40(2) had been correctly applied in relation to some - but not all - of the information, and that disclosure of this information would breach the Data Protection Act 1998 (the -DPA-). The complaint is partially upheld. The public authority-s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 21 - Complaint Upheld, FOI 40 - Complaint Partly Upheld