Teignbridge District Council

The complainant requested information relating to a member of staff at Teignbridge District Council (the Council). Specifically, any investigation into the conduct of that member of staff and any resulting disciplinary actions. The Council initially refused the request under section 40(2) of the Freedom of Information Act 2000 (the Act) because it considered that the information relating to the named officer would be third party personal data and disclosure would breach the data protection principles. The Council altered its position in its internal review and refused the request under section 40(5) of the Act, by which it neither confirmed nor denied that relevant information was held. During the course of the Commissioner’s investigation the Council changed its position again. In its submissions to the Commissioner the Council argued that the request was now being refused under section 14(1) of the Act as it was viewed as vexatious. The Commissioner’s decision is that the Council breached sections 17(1) and 17(7) of the Act by not issuing the complainant with a valid refusal notice. With respect to the application of section 14(1), the Commissioner’s decision is that the request is vexatious. No steps are required. Information Tribunal appeal EA/2016/0063 (permission to appeal) refused.