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You are here: BAILII >> Databases >> Information Commissioner's Office >> Derbyshire County Council (Local government (County council)) [2015] UKICO FS50567848 (13 April 2015)
URL: http://www.bailii.org/uk/cases/UKICO/2015/FS50567848.html
Cite as: [2015] UKICO FS50567848
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Derbyshire County Council
13 April 2015, Local government (County council)
The complainant has requested information from Derbyshire County Council (the council) regarding the purchase of a specific property. The council refused to provide some of the requested information relying on section 38 of the FOIA as disclosure would prejudice the health and safety of individuals. It also relied on section 41 as it considered that the information was confidential. In his role as dual regulator of both the FOIA and the Data Protection Act 1998 (the DPA), the Commissioner has a duty to protect personal data where necessary. He finds that the information in this case is personal data, and that the council should have applied section 40(2). His decision therefore is that although the council was correct to withhold the information, the reason for doing so is section 40(2) rather than section 38 or section 41. The Commissioner does not require the council to take any steps.
FOI 40: Not upheld