Annex A
FOI-21- 4016
Section 40(2) – Third Party Personal Data
Third party personal data is exempt from disclosure by virtue of section 40(2) of the
Freedom of Information Act 2000 (“the Act’).
Further information on section 40(2) is available via the following link:
https://www.legislation.gov.uk/ukpga/2000/36/section/40
The information you have requested is the personal data of another person. Section
40(2) provides that information should not be disclosed under the Act if it is the personal
data of another and its disclosure would breach any of the data protection principles. In
this instance, we believe the disclosure of the requested information would breach the
first data protection principle, in that it would not be fair or lawful to disclose this
information.
There is a wider legitimate interest for transparency, however, placing this information in
the public domain would lead to an
unwarranted level of interference with the person’s
privacy. It is not necessary for us to consider the necessity for disclosure and, in this case,
there is no pressing need for us to disclose the information. Therefore, a further
balancing test is not required.