Information Commissioner's Office

North Tyneside Council

23 March 2015, Local government (District council)

The complainant has requested information in relation to searches made under his name and several trading names. North Tyneside Metropolitan Borough Council (the council) refused some of the information under section 40(1) of the FOIA – the complainant’s own personal data - and the remaining information under section 40(2) of the FOIA – third party personal data. The complainant explained in his internal review request that he required the total amount of searches made and total cost incurred, and did not require it individually for each name listed. The council maintained its response. The Commissioner’s decision is that the council has correctly withheld the information it has under section 40(1) of the FOIA – the information under the complainant’s name - but finds that section 40(2) of the FOIA is not engaged to withhold the remaining information identified as being required by the complainant in his internal review request. The Commissioner requires the public authority to issue a fresh response to the complainant for the total amount of searches made and total cost incurred as requested and outlined in the complainant’s internal review request of the 15 August 2014 within the amended dates requested on the 18 August 2014, without relying on section 40(2) of the FOIA for the 7 business names.

FOI 40: Partly upheld