11 March 2015, Local government (Parish council)
The complainant requested information from Lanteglos by Fowey Parish Council (“the parish council”). He asked for copies of documents sent by the parish council to Cornwall Council that had resulted in a particular email being sent to him. The parish council initially refused to confirm or deny whether the information was held. It subsequently relied on the exemption under section 42(1) of the Freedom of Information Act 2000 (“the FOIA”). This exemption relates to legal professional privilege. The Commissioner’s decision is that some information was correctly withheld using section 42(1). The remaining information is the complainant’s own personal data and is therefore exempt under section 40(1) of the FOIA. The Commissioner found breaches of section 1(1)(a), 10(1), 17(1) and 17(1)(a)(b) and (c). The Commissioner does not require any steps to be taken.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld FOI 40: Not upheld FOI 42: Not upheld