Summary: The complainant has requested information relating to a complaint about a specific councillor made to the Standards Assessment Sub-Committee. Portsmouth City Council (-˜the council-™) relied on the exemption at section 41(1) of the FOIA that the information cannot be disclosed as it would constitute an actionable breach of confidence. The Commissioner-™s decision is that the council incorrectly withheld the information under section 41(1) of the FOIA. However, despite the council not citing the exemption for personal data at section 40(2) of the FOIA, the Commissioner-˜s decision is that the personal data exemption applies and therefore the requested information should not be disclosed. The Commissioner does not require any steps to be taken.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld, FOI 41 - Complaint Upheld