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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cheshire East Council (Decision Notice) [2013] UKICO FER0497122 (10 December 2013) URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0497122.html Cite as: [2013] UKICO FER497122, [2013] UKICO FER0497122 |
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Summary: The complainant has requested a report prepared by the Designated Independent Person appointed by the Council to investigate allegations of misconduct against senior officers within the Council in relation to the development of a waste transfer station. The Council withheld the information under regulations 13 -“ personal data, 12(5)(d) -“ confidentiality of proceedings, 12(4)(e) -“ internal communications, and regulation 12(5)(b) -“ course of justice and inquiries of a disciplinary nature. The Commissioner-™s decision is that Cheshire East Borough Council has not complied with the request in accordance with the Act. In respect of regulation 13, not all the information identified by the Council as personal data, is personal data. Of the information which is personal data, some of it could be disclosed without breaching the data protection principles, however other information can be withheld under regulation 13. Regulation 12(5)(d) is only engaged in respect of some of the information to which it has been applied, however where it is engaged the public interest favours maintaining the exception in respect of the majority of that information. The report does not constitute an internal communication and therefore regulation 12(4)(e) is not engaged. Regulation 12(5) is not engaged on the grounds that the report attracts legal professional privilege, however the Commissioner is satisfied that the disclosure of some of the information would have an adverse effect on an inquiry of a disciplinary nature. Where regulation 12(5)(b) is engaged the public interest favours maintaining the exception in respect of the majority of that information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. to disclose a redacted version of the report as described in the confidential annexe to this notice.
Section of Act/EIR & Finding: EIR 12.4.e - Complaint Upheld, EIR 12.5.b - Complaint Partly Upheld, EIR 12.5.d - Complaint Partly Upheld, EIR 13 - Complaint Partly Upheld
