Summary: The complainant requested, under several numbered questions, information about a Criminal Records Bureau vetting exercise. The Council disclosed some information but refused to confirm or deny whether it held other information. During the course of the Commissioner-™s investigation the Council withdrew its reliance on the -˜neither confirm nor deny-™ provisions but stated that it considered any relevant information it held to be personal data and exempt under section 40(2) of the Act. The Council also introduced reliance on section 44(1)(a) of the Act. The Commissioner found that the Council had complied fully with parts of the request. The Commissioner found that the Council appropriately applied section 40(2) to information relevant to two of the outstanding questions and section 44(1)(a) to the other.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 44 - Complaint Not upheld