County of Herefordshire District Council

The complainant has requested information from Herefordshire Council (the Council). The Council stated that it did not hold information in scope of part one of the request and has applied section 40(1) of FOIA to refuse to disclose information which it holds in scope of parts two, three and four of the request on the basis that it is the complainant’s own personal data. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold information in scope of part one. The Commissioner also finds that the Council was entitled to rely on section 40(1) of FOIA to refuse parts two, three and four of the request as it is the complainant’s own personal data. The Commissioner has, however, recorded procedural breaches of sections 1, 10(1) and 17 of FOIA. The Commissioner does not require any steps as a result of this decision.