London Borough of Sutton Council

The complainant requested information relating to a particular recruitment process including a copy of the interview notes for each candidate for a job for which he was unsuccessful. LBS provided the complainant with some information but refused to disclose the remainder of the information on the basis that it was the personal data of the other candidates and was therefore exempt under section 40(2) of the FOIA. LBS also applied the exemption at section 41 of the FOIA on the basis that the information contained within the withheld information was provided to it in confidence. The Commissioner finds that LBS was correct in it’s application of section 40(2) of the FOIA and did not therefore go on to consider the application of section 41. The Commissioner requires no steps to be taken by LBS.