Information Commissioner's Office

Wirral Metropolitan Borough Council

24 August 2015, Local government (Borough council)

The complainant has requested a copy of an incomplete internal audit investigation report held by the Council. The Council considered this information exempt on the basis of section 40(2) and 36(2)(c) of the FOIA. The Commissioner’s decision is that the section 36 exemption is engaged but the public interest favours disclosure. However, he also finds the section 40(2) exemption to be engaged in relation to the withheld information which constitutes personal data. The Commissioner finds this to be the names of current and ex-Council employees. The Commissioner requires the public authority to disclose the withheld information with redactions made under section 40(2) for the names of individuals within the report. 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 36: Upheld FOI 40: Upheld