16 February 2017, Local government (District council)
The complainant has requested information about monies paid to two individuals, a barrister and a Learning Support Assistant. South Tyneside Council (the “Council”) contravened a number of its FOIA procedural obligations in handling the complainant’s FOIA requests but eventually refused to provide the information citing section 40 (unfair disclosure of personal data) and section 43 (prejudice to commercial interests).The Commissioner’s decision is that the Council is entitled to rely on section 40 as its basis for refusing to provide the requested information. However, it contravened provisions of section 1, section 10 and section 17 when handling the requests. No steps are required.
FOI 40: Not upheld FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld