Subject:

Section:
Section 6(2) : public bodies shall give reasonable assistance to requesters in making requests Section 6(5)(b) : retrospection of non-personal information only where access to pre-commencement records is necessary to understand a post-commencement record Section 10(1)(a) : records can be withheld if they do not exist or cannot be found following the taking of all reasonable steps Section 26(1)(a) : In general - records are confidential where release would prejudice continued receipt of similar records from the same source in the future - but that provision does not apply in this case Section 28(1) : protection of personal information Section 28(5) : personal information can be released to a third party only if the public interest in release outweighs the right to privacy of the record subject

Decision:

1. Where public bodies have an established policy of authorised regular routine record disposal, using section 10 to refuse requests relating to such records was acceptable.

2. Public bodies should bear in mind the requirements of section 6(2) and avoid narrow and literal reading of requests.

3. In the normal course of events it would not be proper to release personal information about a third party to a requester. However, subject to consultation under section 29, this can be done where the public interest that the request should be granted outweighs the public interest of the right to privacy of the other party.

4. In the normal course of events, disclosure of information about a person making an allegation in relation to social welfare matters, which might identify that person, is likely to prejudice the giving of similar information in the future. However, in this case section 26(1)(a) did not apply as release of the information contained in a particular allegation was not likely to deter future claimants from providing similar information.

Requestor Info:
Requester sought access to copies of all papers held in relation to his dealings with the Department since 1981. The Information Commissioner found in favour of the Department with the exception of a comment on one record which he found should be released to that the requester would have an opportunity to refute an allegation made against him.