Information Commissioner's Office

Kent County Council

11 February 2016, Local government (County council)

The complainant has requested information on a property which the council has a legal interest in due to a loan which it had previously provided to a third party. The council responded applying section 42, (legal professional privilege), 43 (commercial interests), 41 (information provided in confidence), 40 (personal data) and section 21(information available by other means). During the course of the Commissioner's investigation it disclosed a large amount of information to the complainant, however it maintained the application of sections 42, 43(2) and section 41. The Commissioner’s decision is that the council correctly applied the exemptions to the information. He considers however that the late disclosure of some of the information during his investigation was a failure to comply with section 10(1) of the Act. The Commissioner does not require the council to take any steps.

FOI 10: Upheld FOI 21: Not upheld FOI 40: Not upheld FOI 41: Not upheld FOI 42: Not upheld FOI 43: Not upheld