West Lindsey District Countil

The complainant submitted a three part request to West Lindsey District Council (the council) for information about councillors in council tax arrears of more than two months. The council provided information in response to part 1 of the request, but refused parts 2 and 3, citing the exemption at section 38 (health and safety) of FOIA. The Commissioner found that all of the withheld information is the personal data of an individual. He therefore considered whether disclosure would contravene any of the data protection principles. He is satisfied that the council is entitled to rely on section 40(2) (third party personal information) of FOIA to withhold the information falling within scope of parts 2 and 3 of the request. In light of that finding, the Commissioner did not consider it necessary to go on to determine whether section 38 is engaged in relation to any of the withheld information.