Gedling Borough Council
- Date 20 February 2024
- Sector Local government
- Decision(s) FOI 40(5B): Not upheld
The complainant requested information relating to a specific court case. Gedling Borough Council (the “council”) refused the request under the exemption for personal information (section 40(2)).The Commissioner’s decision is that the council wrongly applied the exemption in section 40(2) and that it should have relied on section 40(5B) of the FOIA to refuse to confirm or deny whether any information was held; the Commissioner has decided to apply this exemption himself proactively. The Commissioner does not require the council to take any steps