London Borough of Sutton Council (Local government) [2021] UKICO IC-64593 (18 February 2021)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> London Borough of Sutton Council (Local government) [2021] UKICO IC-64593 (18 February 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-64593.html
Cite as: [2021] UKICO IC-64593

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London Borough of Sutton Council

The complainant has requested from the London Borough of Sutton (“the Council”) information in two parts regarding criminal records relating to individuals residing at particular properties. The Council withheld the information as it considered to be the personal data of the individuals concerned and exempt under section 40(2) of the FOIA. The Commissioner’s decision is that the information requested at part one of the request does not fall within the definition of personal data. The Council was therefore not entitled to withhold this information under section 40(2). The Commissioner’s decision is also that the Council should have sought clarification of the second part of the request as it had no single objective reading. The Council has therefore breached section 16 of the FOIA (advice and assistance). The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose to the complainant the information requested at part one. Respond to the complainant to seek clarification of part two of the request. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40(2): Complaint upheld FOI 16: Complaint upheld

Decision notice: IC-64593

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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-64593.html