Carmarthenshire County Council (Decision Notice): ICO 4 Feb 2008

The complainant requested information on the commission payments made by investment managers on behalf of Carmarthenshire County Council (‘the Council’). The Council supplied the name of its investment manager however claimed that the remainder of the information was exempt on the basis that the exemptions in section 43(2) (commercial interests) and section 41 (information held in confidence) applied. The Commissioner’s decision is that the exemption in section 43 was engaged by the information however the public interest in disclosing the majority of the information overrides the public interest in maintaining the exemption. He also decided that the exemption in section 41 was partially applicable, however the public interest defence inherent in the common law of confidence also meant that a disclosure of the majority of the information would not be actionable in law. The exemption was not therefore engaged by this information. The Commissioner’s decision in this case is that the information should be disclosed to the complainant, with minor redactions.
FOI 43: Partly upheld

Citations:

[2008] UKICO FS50155384

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 June 2022; Ref: scu.532513