4 August 2014, Local government (City council)
The complainant has requested a range of information relating to care provision for handicapped adults. Newcastle City Council provided some of the requested information but withheld other information, citing the FOIA exemptions for personal data (section 40), information provided in confidence (section 41) and prejudice to commercial interests (section 43). The Commissioner’s decision is that Newcastle City Council disclosed all the information it holds in relation to request parts 1 and 4 and complied with section 1(1) of the FOIA; Correctly applied section 40(2) of the FOIA to withhold personal data; failed to demonstrate that section 43(2) of the FOIA was engaged. The Commissioner requires the public authority to disclose the information withheld under section 43(2) of the FOIA (identified in the confidential annex).
FOI 40: Not upheld FOI 43: Upheld