North Tawton Town Council (Local government) [2024] UKICO 261142 (9 February 2024)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> North Tawton Town Council (Local government) [2024] UKICO 261142 (9 February 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/261142.html
Cite as: [2024] UKICO 261142

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North Tawton Town Council

The complainant requested an audio recording of a Council meeting from North Tawton Town Council (“the Council”). The Council refused to provide the requested information, citing section 36 of FOIA (prejudice to effective conduct of public affairs) as its basis for doing so. The Commissioner has determined that some of the information within the recording is the complainant’s own personal data and is therefore exempt from disclosure under section 40(1) of FOIA. The Commissioner’s decision is that the Council is not entitled to withhold the remainder of the information in the recording (that which is not the complainant’s own personal data) under section 36 of FOIA, as although the exemption is engaged, the public interest in disclosure outweighs that in maintaining the exemption. The Commissioner requires the Council to disclose the parts of the recording which are not the complainant’s personal data to ensure compliance with the legislation.

FOI 40(1): Complaint not upheld FOI 36(2): Complaint upheld

Decision notice: 261142

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URL: http://www.bailii.org/uk/cases/UKICO/2024/261142.html