West Sussex County Council

The complainant made two requests about the absence and then departure from post, by the Chief Executive. West Sussex County Council withheld the requested information and relied on section 40(2) of the FOIA to do so. The Commissioner’s decision is that the requested information is the personal data of the Chief Executive and that there is no lawful basis under GDPR for disclosure of the withheld information in respect of either request. As disclosure under the FOIA would therefore breach the GDPR principles, the Council is entitled to rely on section 40(2) of the FOIA to withhold the requested information. The Commissioner does not require any further steps.