12 May 2016, Local government (County council)
The complainant submitted an eight-part request for information about harassment and bullying complaints in the workplace. Rutland County Council (the ‘Council’) provided some information, but refused the remainder citing sections 40(2) of FOIA, personal information, and 12, the cost exclusion. The complainant was concerned only with the Council’s reliance on section 40(2) which was applied to parts 2 to 6 of his request. The Commissioner’s decision is that the Council has incorrectly applied the exemption for personal data at section 40(2) of FOIA to parts 2 to 6 of the request, as the withheld information is sufficiently anonymised to take it out of the definition of personal data. He therefore requires the Council to disclose the withheld information as provided to the Commissioner for parts 2 to 6 of the request.
FOI 40: Upheld