Summary: The complainant has requested information about costs associated with the early retirement of the Chief Executive of Wirral Borough Council. The public authority stated that some of the requested information was not held, and refused some information under the provisions of the exemption at section 40 of FOIA: that disclosure would breach the data protection principles. The complainant has appealed against the refusal of information, and about the public authority-™s claim that some specified information is not held by it. The Commissioner-™s decision is that Wirral Borough Council has incorrectly applied the exemption in this case and has therefore breached section 1(1)(b) of FOIA. He finds that the public authority correctly stated that some of the information requested was not held. The Commissioner requires the public authority to disclose the information withheld under section 40 of FOIA -“ namely: a report which was considered as Agenda item 3 by the Council-™s Employment and Appointments Committee on 17 August 2010.
Section of Act/EIR & Finding: FOI 40 - Complaint Upheld