Summary: The complainant has requested from Shaftesbury Town Council (-˜the council-™) information relating to a complaint against a councillor. The council applied the exemption for prejudice to the effective conduct of public affairs at section 36 and the exemption for personal data at section 40(2) of the FOIA. The Commissioner-™s decision is that the council has correctly applied the exemption at section 40(2) of the FOIA. It has therefore not been necessary to consider the exemption at section 36 of the FOIA. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld