Does the council have to release this information?

In many cases there is no obligation to release information, it is a discretionary gateway. We consider each case on its own merits and consider how necessary the requested information is to meet the purpose for which it has been requested. For example, we may be able to release information by applying an exemption under Schedule 2, Part1(2) of the Data Protection Act 2018.

There may be occasions where we could face legal action for not supplying the requested information. Where this is the case, we will make every effort to comply with the request.

If we have strong concerns about releasing any personal information in response to a request, then we may ask the other organisation to seek a court order requiring release of the information. For example, this may happen if we believe there is a conflict in our obligations, such as the information having been provided to us in confidence