Sandwell Homes Limited

The complainant made a request for copies of statements gathered as part of a disciplinary investigation into an allegation made about the conduct of one of the public authority’s employees during a tendering process. The allegation was not made by the complainant. The public authority disclosed the requested details relating to the complainant’s interview but refused to disclose the remainder using the exemption under section 40(2) (personal information) of the Freedom of Information Act 2000 (the ‘Act’). During the course of the Commissioner’s investigation the public authority made a further disclosure of three disciplinary policies. The Commissioner’s decision in relation to the remaining information is that the exemption in section 40(2) is engaged and that disclosure would breach the Data Protection Act (the ‘DPA’).