FS50159410

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Decision Summary

  • Case Ref: FS50159410
  • Date: 5 February 2009
  • Public Authority: Parliamentary and Health Service Ombudsman
  • Summary: The complainant wrote to the Parliamentary and Health Service Ombudsman (“the public authority”) to request information regarding its handling of a complaint he had previously made against the Planning Inspectorate. Whilst the public authority disclosed to the complainant some of the information it held, it also withheld some information under section 44 of the Act which provides for an exemption where the disclosure of information is prohibited under any other law or enactment. The public authority said that the relevant statutory prohibition was section 11(2) of the Parliamentary Commissioner Act 1967. The Information Commissioner has considered the complaint and has found that the public authority correctly withheld the information under section 44 of the Act. In addition the Commissioner found that the withheld information is exempt under section 40(1) because it constitutes the personal data of the complainant. The Commissioner also found that the public authority breached section 17 of the Act by failing to issue the complainant with a refusal notice within 20 working days of receiving the request and breached section 10 of the Act by failing to communicate to the complainant within 20 working days the disclosable information. The Commissioner requires no steps to be taken by the public authority. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]
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