Summary: The complainant requested a briefing note provided to the Political Group Leaders regarding the allocation of Councillors to committees. The Council stated that the information was legally privileged and exempt under section 42(1) of the Act. The Council also stated that the information contained the personal data of individual Councillors and was exempt from disclosure under section 40(2) of the Act. During the course of the Commissioner-™s investigation the Council also sought to rely on section 44(1) of the Act. The Commissioner has determined that the Council correctly applied section 40(2) to a small amount of the withheld information. However he found that the majority of the withheld information was not exempt under section 40(2) and that section 42(1) and 44(1) were not engaged. The Commissioner has ordered disclosure of all but a small amount of the withheld information.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Partly Upheld, FOI 42 - Complaint Upheld, FOI 44 - Complaint Upheld