11 February 2015, Local government (Borough council)
The complainant has requested information from Merthyr Tydfil County Borough Council (“the council”) about recent care records relating to a named individual. Due to the context of the request, the council responded under the terms of the Data Protection Act (“the DPA”) and disclosed the personal data of the complainant only. The complainant subsequently contested that the entire request should have been considered under the terms of the Freedom of Information Act (“the FOIA”). The Commissioner’s decision is that the complainant’s personal data is exempt under section 40(1) of the FOIA. The remaining information caught by the request is the personal data of third parties and is exempt under section 40(2). The Commissioner does not require any steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld