Department for Transport

The complainant has requested DfT to disclose the legal advice it obtained when considering their request for an investigation. DfT withheld the information citing section 42 of FOIA. The Commissioner’s decision is that the withheld information is exempt under FOIA by virtue of section 40(1), as it constitutes the personal data of the complainant. To the extent that the withheld information contains other information, the Commissioner is satisfied that section 42 of FOIA applies. He has however recorded a breach of section 10 of FOIA, as DfT failed to respond to the complainant’s request within 20 working days of receipt. The Commissioner does not require any further action to be taken.