Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Financial Conduct Authority (Local government) [2018] UKICO fs50725940 (27 June 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50725940.html
Cite as: [2018] UKICO fs50725940

---

[New search] [Printable PDF version] [Help]

---

Financial Conduct Authority

The complainant has requested from the Financial Conduct Authority (FCA) information about Register records, the Approved Persons Scheme and particular costs. FCA released a significant amount of information and withheld some information under section 40(2) of the FOIA (third person personal data) and section 42 (legal professional privilege). The Commissioner’s decision is that: With regard to information that is not the complainant’s own personal data, on the balance of probabilities the Commissioner is prepared to accept that FCA has released all the information that it holds that falls within the scope of the complainant’s requests (that is not exempt information) and has complied with section 1(1) of the FOIA with regard to these requests. FCA has breached section 10(1) of the FOIA as it has not complied with section 1(1) within the 20 days that is a requirement of the Act, with regard to some of the relevant information it holds. FCA breached section 17(1)(b) of the FOIA as it incorrectly withheld information it holds relating to requests 1a) to 1d) under section 42(1). All the information that FCA holds that is relevant to these requests is the complainant’s own personal data. FCA should have applied section 40(1) to the requests (applicant’s own personal data) before going on to handle them under the Data Protection Act. The Commissioner does not require FCA to take any steps to ensure compliance with the legislation.

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 1: Complaint not upheld

Decision notice: fs50725940