North Yorkshire Council

The complainant has requested information regarding the costs and work carried out by an investigator. The North Yorkshire Council (“the council”) refused the request. It said that some information was not held by it, and applied sections 40(2)(personal data), 43(2) (prejudice to commercial interests), and 41 (information held in confidence) to refuse the request. The Commissioner’s decision is that the council was correct to withhold some of the information under sections 40(2) and 43(2), however he has found that the council was not correct to withhold some of the information relating to the appointment and details of service. He has also decided that, on the balance of probabilities, the council does not hold any further information falling within the scope of the request. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To disclose the emails detailing the appointment and details of service, subject to the redactions indicated in paragraphs 61 - 67 relating to personal data, and the redaction of the hourly and mileage rates of the investigator under section 43(2).