Cornwall Council

The complainant has requested details of job titles in the council where there is only one person carrying out the role. He also asked for information on job roles where there is no other person who carries out the job of deputy for that role. The council provided information on tiers one – three of its structure but refused to provide further information on the basis that the exemption in section 40(2) of the Act applied. As regards job titles where there is no deputy in place it refused the request on the basis that section 12 of the Act applied (personal data). The Commissioner’s decision is that the council was correct to apply section 12 to part 2 of the request, however it was not correct to apply section 40(2) to part 1. She has also decided that the council complied with section 16 of the Act. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information falling within the scope of part 1 of the request to the requestor.