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Decision Summary

  • Case Ref: FS50176463
  • Date: 3 March 2009
  • Public Authority: London Borough of Camden
  • Summary: The complainant asked the Council for information regarding any disciplinary action that he had asked to have taken against two named council officials. The Council refused to confirm or deny that it held the information sought, citing section 40(2) of the Act (personal information). The Commissioner found that the Council 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), because in responding to the request it would have had to disclose information which, if held, would constitute the personal data of named officials. The Commissioner concluded that the Council had, however, contravened section 17(1)(b) of the Act in failing to cite section 40(5)(b)(i) in its refusal notice.
  • View PDF of Decision Notice: [1]