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You are here: BAILII >> Databases >> Information Commissioner's Office >> Birmingham City Council (Local government (City council)) [2016] UKICO FS50616313 (11 October 2016)
URL: http://www.bailii.org/uk/cases/UKICO/2016/FS50616313.html
Cite as: [2016] UKICO FS50616313
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Birmingham City Council
11 October 2016, Local government (City council)
The complainant has requested images of a third party caught on CCTV. Due to the way the request was made, Birmingham City Council (the council) initially thought he was requesting his own personal data. But following clarification that he was after the images of a third party not his own the council advised it could not legally justify releasing the images to him. The complainant complained to the Commissioner about this request being refused. During the Commissioner’s investigations, the council clarified that this request was being refused under section 40(2) of the FOIA – third party personal data. The Commissioner’s decision is that the council is able to rely on section 40(2) of the FOIA to refuse this request. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld