Information Commissioner's Office

Suffolk County Council

1 September 2016, Local government (County council)

The complainant has requested copies of the warrants used by three named Trading Standards Officers at Suffolk County Council (the “Council”). The Council initially cited section 40 (unfair disclosure of personal data) as its reason for refusing to provide this information. It revised this position at internal review and introduced reliance on section 31(1)(a) (prejudice to law enforcement). The complainant had also requested a copy of the Letter of Delegation that gave the officers the authority to act on the Council’s behalf. The Council did not properly address this request until it undertook an internal review of its original response when it denied holding a letter of delegation. It provided information about the delegation of authority in this matter. The Commissioner’s decision is that the Council is entitled to rely on section 31(1)(a) as its basis for refusing to provide the warrants. However, it breached its obligations under section 1 and section 10 in failing to deny within 20 working days that it held a “Letter of Delegation” as described in the complainant’s request. No steps are required.

FOI 1: Upheld FOI 10: Upheld FOI 31: Not upheld