Cabinet Office

The complainant made a freedom of information request to the Cabinet Office for information relating to emails sent by Damian McBride, a special adviser to the then Prime Minister Gordon Brown. The Cabinet Office refused the request under section 40(2) of the Act on the grounds that the information is personal data and disclosure would contravene the first data protection principle which requires that data be processed fairly and lawfully. The Commissioner has investigated the complaint and has upheld the Cabinet Office’s application of section 40(2) for most of the information requested. However the Commissioner found that the times and dates on which the emails were sent were not exempt under section 40(2) and he requires the public authority to make this information available to the complainant within 35 calendar days of the date of this notice.