Summary: The complainant requested emails between officials of Wycombe District Council (the Council) relating to the investigation of a complaint made about him. The Council initially refused the request under the exemptions provided by sections 42(1) (legal professional privilege) and 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) of the FOIA. Following the intervention of the Commissioner the Council agreed that the requested information is the personal data of the complainant and issued a fresh response under section 7 of the Data Protection Act 1998 (DPA). The decision of the Commissioner is that this information is the personal data of the complainant and so is exempt from the FOIA under section 40(1) (personal information of the requester).
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld