Oxfordshire County Council

The complainant has requested, from Oxfordshire County Council (“the council”) copies of the council’s correspondence with the ICO. The council initially refused the request on the basis that section 12 applied. On review, it maintained its position that section 12 applied, however it disclosed some information falling within the scope of the request (up to the appropriate limit). It redacted information from the information that was disclosed, applying the exemptions in section 21 (information available by other means), 40(2) (personal data of third parties), section 30 (investigations) and 41 (information provided in confidence). The complainant complained that the council was wrong to redact information under sections 21, 30 and 41. They also argued that further information will be held by the council. The Commissioner’s decision is that the council was not correct to apply section 12. He has therefore not gone on to consider the remainder of the exemptions applied by the council. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To respond to the request again as required by section 1 of FOIA, without relying upon section 12.