Bodmin Town Council (Local government) [2022] UKICO 148549 (21 October 2022)
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Bodmin Town Council
The complainant has made three requests to Bodmin Town Council (the town council). These all relate to the departure of certain employees from the town council, and the costs relating to this. The town council provided the complainant with some information in response to all three of the requests; it has also recently provided some additional information within a revised and final response sent to the Commissioner, which it confirmed was also to be issued to the complainant. The Commissioner has decided that the town council has incorrectly cited section 21 - information accessible by other means, of the FOIA to part of Request 1. However, he has proactively applied section 40(2) – third party personal data of the FOIA, to this information, as he is satisfied that its disclosure would breach data protection law. The Commissioner is satisfied that, on the balance of probabilities, the town council has released all the remaining information that it holds that is relevant to Request 1. With regard to Request 2, it is the Commissioner’s decision that the town council is entitled to withhold some of the information under section 40(2) of the FOIA, and that, on the balance of probabilities, it has released all of the remaining information held that is relevant to this request. With regard to Request 3, the Commissioner is satisfied that section 21 of the FOIA – information accessible by other means, is applicable to some of the requested information. He has also decided that the town council is entitled to rely on section 40(2) of the FOIA, in respect of all of the information that it has withheld in response to this request.
FOI 21:
Complaint upheld
FOI 40(2):
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: 148549
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URL: http://www.bailii.org/uk/cases/UKICO/2022/148549.html
