RE: disclosure of coplainants personal details by Ibrahim - written 17/04/2007 17:26:43
Hi Patrick

The short answer is you don't have to disclose information about complainanats  as it is probably exempt under :

section 40 - personl data
section 41 - breach of confidence

There have been lots of cases - see York Hospitals NHS Trust and also the Civil Aviation Authority. My article in World Data Protection Report on FOI and Personal Data refers. It/,s on the articles page.

Hope this helps. This issue will be dealt with in detail in a course by Act Now Training on Access to Personal Data under FOI and DPA.

See www.actnow.org.uk



Patrick Legge wrote (12/04/2007 15:34:57):

In our district council environmental health department, we receive many sorts of complaints, eg about noise,which we normally try and deal with informally at first, resorting to legal action if necessary. Therefore we will often write in the first place to the person alleged to be causing the problem. This sometimes results in a demand to know the identitiy of the complainant. We normally resist this for data protection reasons and also on the grounds that we would normally not consider such a release in the public interest.

I have received a range of advice on this matter, and we need to be able to advise complainats clearly as to what the situation is with regards to their confoidentiality. However, I don't feel confident what to say! any advice please?



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