Summary: The complainant requested information relating to a recruitment exercise for a senior position within the Authority, for which he was one of the applicants. The Authority provided the complainant with some information falling within the scope of his request, and withheld other information by virtue of sections 40(1) and 40(2) of the Act. The Authority went on to consider the parts of the information it had withheld under section 40(1) as a subject access request under the DPA. The Commissioner has considered the Authority-™s application of the DPA to the information constituting the complainant-™s own personal data under a separate case reference. With respect to the information which does not constitute the complainant-™s own personal data, the Commissioner has decided that the Authority was correct to withhold the information as disclosure would breach the first data protection principle. The Commissioner has also identified procedural breaches relating to the Authority-™s handling of this request. Information Tribunal appeal EA/2012/0032 allowed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Not upheld