Kirklees Council (Local government) [2022] UKICO 177943 (28 July 2022)
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Kirklees Council
The complainant requested from Kirklees Council (‘the Council’) a copy of an e-form and the internal process for its referral. The Council dealt with the request as part of a Subject Access Request (SAR) under the Data Protection Act 2018 (DPA) as it considered the information requested was the complainant’s own personal data. During the Commissioners investigation, the Council told him that the request had been dealt with under the provisions of the DPA. As it was already dealing with the complainant’s SAR it considered the complainant was requesting a copy of their own referral and how the Council had processed it originally in 2017. Therefore it had not considered the request within scope of FOIA. The Commissioner’s decision is that the Council incorrectly dealt with the request and failed to issue a valid refusal notice under section 17 FOIA. By failing to issue such a refusal notice it has also breached section 10 FOIA. With regard to the information requested the Commissioner considers that, on the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require the Council to take any steps.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 1:
Complaint not upheld
Decision notice: 177943
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URL: http://www.bailii.org/uk/cases/UKICO/2022/177943.html
