Summary: The complainant submitted a request to the Department of Health, Social Services and Public Safety (-the DHSSPS-) under the Freedom of Information Act 2000 (-FOIA-) for information relating to the application process for a position. The Commissioner has investigated the complaint and finds that the DHSSPS was correct to apply section 40(2) by virtue of section 40(3)(a)(i) of FOIA to part of the withheld information, however it incorrectly applied section 41 of FOIA to the remaining withheld information. The Commissioner is satisfied that the remaining withheld information may be disclosed to the complainant. The Commissioner requires the DHSSPS to disclose the remaining withheld information.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld, FOI 41 - Complaint Upheld