Kent County Council
- Date 11 February 2016
- Sector Local government
- Decision(s) FOI 10: Upheld, FOI 21: Not upheld, FOI 40: Not upheld, FOI 41: Not upheld, FOI 42: Not upheld, FOI 43: Not upheld
The complainant has requested information on a property which the council has a legal interest in due to a loan which it had previously provided to a third party. The council responded applying section 42, (legal professional privilege), 43 (commercial interests), 41 (information provided in confidence), 40 (personal data) and section 21(information available by other means). During the course of the Commissioner's investigation it disclosed a large amount of information to the complainant, however it maintained the application of sections 42, 43(2) and section 41. The Commissioner’s decision is that the council correctly applied the exemptions to the information. He considers however that the late disclosure of some of the information during his investigation was a failure to comply with section 10(1) of the Act. The Commissioner does not require the council to take any steps. Information Tribunal appeal EA/2016/0059 refused.