New decision notices

Further decision notices listed. Worth noting the number appearing against the Home Office, though the ID cards cases have not been considered yet.

I am currently working on some research with another academic relating to decision notices (UK and Scotland) and hope to publish something here soon on the topic.


Case Ref: FS50069257
Date: 07/11/05
Public Authority: York Hospitals NHS Trust
Summary: The complainant requested information relating to a particular workplace grievance procedure. The request was refused under section 40 (personal information). The Commissioner decided that if the third party personal data(including that about individuals who had consented to information being disclosed to the complainant) was disclosed to the general public there would be a breach of the first data protection principle. Therefore the exemption provided by section 40(2) was applicable.
Section of Act & Finding: FOI s40 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50069257

Case Ref: FS50074781
Date: 08/11/05
Public Authority: Ministry of Defence (MoD)
Summary: The complainant requested the logbooks of an ex-serviceman. There were two aspects to the complaint. Firstly, the complainant felt that the initial response by the MoD was ambiguous and did not comply with the duty to confirm or deny. The MoD confirmed both to the complainant and the Commissioner that the intention of their statement was to communicate a denial that the information was held. With regard to this aspect of the complaint, the Commissioner was satisfied that the MoD did comply with the Act. The second aspects to the complaint related to the veracity of the MoD's denial that the information was held. The MoD explained why the information was not held and the Commissioner was satisfied with the steps taken by the MoD to ascertain whether the information was held. The Decision Notice found that the MoD was not in breach of Section 1.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50074781

Case Ref: FS50072107
Date: 09/11/05
Public Authority: Home Office
Summary: The complainant requested information relating to investigations carried out into the conduct of prison staff. The complaints to the Information Commissioner were that the request was not responded to within 20 working days (section 10), that the Home Office stated incorrectly that the cost of complying with the request would exceed the central government cost limit of £600 (section 12) and that insufficient advice and assistance was offeres(section 16). The decision of the Commissioner was that the request was not dealt with in time and that the Home Office failed to offer advice and assistance. As the Commissioner found that the Home Office applied the Act
correctly when forming their cost estimate, this aspect of the complaint was not upheld.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.12 - Complaint
Not Upheld, FOI s.16 - Complaint Upheld
Full Transcript of Decision Notice FS50072107


Case Ref: FS50087462
Date: 09/11/05
Public Authority: Home Office
Summary: The complainant requested information on investigations carried out concerning the conduct of prison staff. There were two aspects to the complaint; that the request was not responded to within 20 working days and that the Home Office failed in their duty to provide advice and assistance. The Commissioner found that the Home Office did not respond to this request within 20 working days and, therefore, upheld this aspect of the complaint. When responding to this request, the Home Office only stated that to comply with the request would exceed the cost limit of £600 for central government and so the information requested would not be provided. As the Home Office did not help to refine the request and did not offer any information about their cost estimate the Commissioner believes that the Home Office failed in their duty to provide advice and assistance and so this aspect of the complaint is also upheld. The Commissioner has not required any further
action by the Home Office in connection with these complaints because assistance
has since been provided.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.16 - Complaint
Upheld
Full Transcript of Decision Notice FS50087462

Case Ref: FER0067951
Date: 02/11/05
Public Authority: London Borough of Bromley
Summary: The Complainant requested information regarding representations and objections to a Definite Map Modification Order. The Council disclosed a large number of documents but the Complainant alleged the Council was still withholding some documents. The Commissioner is satisfied with the Council's assurances that they do not hold any further information and that therefore they have satisfied r.5 of the EIR. Section of Act/EIR & Finding: EIR r.5 - Complaint Not Upheld.
of Decision Notice FER0067951Full Transcript