Information Commissioner's Office

Newham London Borough Council

13 January 2015, Local government (Borough council)

The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has withheld the requested information under section 40(2) of the FOIA on the basis that it is personal data the disclosure of which would be unlawful and unfair under the Data Protection Act 1998. The Commissioner’s decision is that Newham Council has failed to engage section 40(2) of the FOIA. The Commissioner requires Newham Council to disclose the information withheld under section 40(2). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Upheld