From FOIwiki
Jump to navigationJump to search

Decision Summary

  • Case Ref: FS50165494
  • Date: 19 March 2009
  • Public Authority: Her Majesty's Courts Service
  • Summary: The complainant asked for the charges, verdict and impositions of the Court in relation to one case heard at a Magistrates’ Court. The public authority responded in accordance with the provisions of section 1(1)(a) (it confirmed or denied it held the information requested). After considering the case, the Commissioner finds that the public authority was excluded from its duty to respond to the request under section 1(1)(a) by virtue of the provisions of section 40(5)(b)(i) (exclusion from the duty to confirm or deny a public authority holds third party personal information) because in responding to the request, it would have to disclose, information which, if held would constitute the sensitive personal data of the third party. The Commissioner has also concluded that it would not have been reasonable to expect the public authority to have provided advice and assistance to the applicant and therefore the public authority did not breach section 16(1). The Commissioner does not require the public authority to take any steps in relation to the complainant’s request. Information Tribunal appeal number EA/2009/0037 dismissed.
  • View PDF of Decision Notice: [1]