ICO Decision Notice - Eastbourne Council FOI 40(2) Exemption

ICO Decision Notices

Filed March 5th, 2026

Detected March 10th, 2026

Summary

The ICO has issued a decision notice regarding Eastbourne Borough Council's withholding of information under FOI section 40(2). The Commissioner found that the Council was entitled to rely on the exemption for third-party personal information and did not uphold the complainant's challenge.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice (Ref: IC-399278-N8D6) concerning Eastbourne Borough Council's handling of a Freedom of Information request. The complainant challenged the Council's decision to withhold information related to Discretionary Housing Payments under section 40(2) of the Freedom of Information Act (FOIA), which pertains to third-party personal information. The Commissioner has determined that the Council was justified in applying this exemption and has not upheld the complaint.

As the Commissioner does not require any steps to be taken as a result of this decision, there are no immediate compliance actions or deadlines for the Council. This decision reinforces the application of the section 40(2) exemption for personal data in FOI requests within the UK public sector.

Source document (simplified)

Eastbourne Borough Council

Date 5 March 2026
Sector Local government
Decision(s) FOI 40(2): Not upheld The complainant made a request for information concerning Discretionary Housing Payments (DHP). Lewes & Eastbourne Borough Council (the Council) provided information in scope of the request and explained that some information was being withheld under section 40(2) (third-party personal information) of FOIA. The Commissioner considers that section 40(2) of FOIA applies to the withheld information and that the Council is entitled to rely on the exemption in this case. The Commissioner does not require any steps as a result of this decision.