Report Summary
Issued 6 February 2023, this FOI response advises that if information existed, and was held, it would be exempt from disclosure as it is third party personal data.
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Response
The Authority considers that to reveal whether the information exists or is held would be contrary to the public interest.
Section 18 applies where the following two conditions are met:
- If the information was held, it would be exempt from disclosure in terms of one or more of the exemptions set out in sections 28 to 35, 38, 39(1) or 41 of the Act.
- It would be contrary to the public interest to reveal whether the information is held.
If information did exist, and was held, exemptions in section 38 and 30 would apply.
Sections 38(1)(b) and 38(2A) of the Act apply as you have requested third party personal data which is exempt where assessed that disclosure would contravene the data protection principles as defined in the Act.
Section 30(c) applies where assessed that disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
Whilst you may have a particular interest in whether or not the information sought is held, the public interest overwhelmingly lies in protecting individuals’ right to privacy and upholding their expectation of confidentiality.
