Summary: The complainant has requested information relating to a staff survey which was carried out in 2009. The public authority disclosed some information upon request and further information during the Commissioner-™s investigation. The public authority refused to provide the remainder (two presentations to management) arguing that it was information obtained in confidence and therefore exempt under section 41 of the FOIA. The Commissioner-™s decision is that the requested information is not exempt under section 41 of the Act. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: It must disclose the two presentations to the complainant.
Section of Act/EIR & Finding: FOI 41 - Complaint Upheld