17 March 2015, Local government (District council)
The complainant submitted a request to South Tyneside Council (the Council) seeking information about the legal action it had taken in relation to a particular blog which contained comments about three councillors and a Council official. The Council provided the complainant with some of the information he had requested but withheld the remainder on the basis of section 42(1) (legal professional privilege), section 36(2)(c) (effective conduct of public affairs) and section 40(2) (personal data). The Commissioner has concluded that all of the withheld information is exempt from disclosure on the basis of section 42(1) of FOIA. However, the Commissioner has also concluded that by taking longer than 20 working days to reply to the request the Council breached sections 10(1) and 17(1) of FOIA.
FOI 10: Upheld FOI 17: Upheld FOI 42: Not upheld