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Decision Summary

  • Case Ref: FS50068004
  • Date: 26 September 2006
  • Public Authority: Boston Grammar School
  • Summary: The complainant requested information in respect of a disciplinary hearing meeting involving a teacher at the school. The Commissioner found that the school failed to clearly confirm or deny which aspects of the requested information it holds. The Commissioner found that some of the information requested is not recorded information for the purposes of section 84 of the Act and therefore is not held by the school. The school also withheld a copy of disciplinary hearing meeting minutes on the basis that it is exempt from disclosure under sections 40(2) and 41. The Commissioner found that on the basis of the information available to the school at the time of the request it had correctly applied the exemptions under sections 40(2) and 41of the Act. However, during the course of the Commissioner’s investigation, the data subject who is the focus of the minutes consented to disclosure of his personal information under the Act. As the minutes contain the personal data of other third parties the Commissioner considered that it would be necessary to redact the personal information of these third parties and disclose the remainder. Therefore, the Commissioner found that disclosure of a redacted copy of the Minutes would not breach sections 40(2) or 41 of the Act. The Commissioner also found that the school has not complied with its obligations under section 17 of the Act in so far as the refusal notice issued by the school did not comply with the requirements set out in that section.
  • View PDF of Decision Notice: [1]