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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lewisham London Borough Council (Decision Notice) [2011] UKICO FS50302294 (17 March 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50302294.html Cite as: [2011] UKICO FS50302294 |
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Summary: The complainant requested information about a decision taken by the council during a tendering exercise for the provision of care services. He subsequently narrowed his request to any information which would highlight the reason for the change to the service provider providing care to his sister. The Commissioner has identified one document which responds to the request, although other information is also held. The council stated that the information held in this document is exempt under section 43 and section 40 of the Act (commercial interests and personal data). The Commissioner-™s decision is that the council was partly correct to apply section 43 to one small section of information. However it was not correct to apply this to other redactions. His decision is that Section 40 was not applicable. He also asked the council to return notes he had made during presentations delivered by the tendering service providers tendering to provide the service. The council was willing to provide this to the complainant providing he agreed to sign a confidentiality agreement, which the complainant refused to do. The Council-™s decision was that some information is exempt under sections 40, 41 and 43. The Commissioner's decision is that section 41 is applicable to the complainant-™s notes. He has also decided that the information is not the complainant's personal data for the purposes of section 40(1). Information Tribunal appeal number EA/2011/0103 dismissed.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld, FOI 41 - Complaint Partly Upheld, FOI 43 - Complaint Partly Upheld
