Information Commissioner's Office

Bradford Metropolitan District Council

11 March 2015, Local government (District council)

The complainant has requested the shotgun licences and firearms certificates of named individuals held by the council in accordance with the Deed relating to sporting rights on Ilkley Moor (2008) (the Deed). The council confirmed that the information was held in relation to some of the named individuals, but refused to provide copies of the certificates and licences as it considered that the information had been provided in confidence and so section 41 applied. In his role as dual regulator of both the FOIA and the Data Protection Act 1998 (the DPA), the Commissioner has a duty to protect personal data where necessary. He finds that the information in this case is personal data, and that the council should have applied section 40(2). His decision therefore is that although the council was correct to withhold the information, the reason for doing so is section 40(2) rather than section 41. The Commissioner does not require the council to take any steps.

FOI 40: Not upheld