London Borough of Southwark (Local government) [2022] UKICO 169614 (9 November 2022)
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London Borough of Southwark
In a multi-part request, the complainant requested information associated with a penalty charge notice he received on 28 January 2021 and later appealed. London Borough of Southwark (the ‘Council’) addressed each of the complainant’s questions but stated it did not hold some of the requested information and it withheld information requested in one question under section 40(2) of FOIA, as it considered this to be personal data.The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold some of the requested information as it is not held in recorded form. The Council is also entitled to withhold the qualifications under section 40(2) of FOIA as it is the personal data of another individual and disclosure would be unlawful. However, the Council breached section 10(1) of FOIA as it did not provide the complainant with a response within 20 working days of the request. The Commissioner does not require further steps. Keywords: 84 of FOIA “information recorded in any form”.
FOI 1:
Complaint not upheld
FOI 40(2):
Complaint not upheld
Decision notice: 169614
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URL: http://www.bailii.org/uk/cases/UKICO/2022/169614.html
