The complainant has requested copies of correspondence sent to a particular company. The Financial Conduct Authority refused to confirm or deny holding information, relying on section 43 (commercial interests) and section 44 of the FOIA (statutory prohibition) to do so. The Commissioner’s decision is that the FCA was not entitled to rely on either section 44(2) or section 43(3) of the FOIA to neither confirm nor deny holding relevant information. As the FCA also failed to complete its public interest considerations within a reasonable timeframe, it breached section 17(3) of the FOIA. The Commissioner requires the FCA to take the following steps to ensure compliance with the legislation: either confirm or deny holding information within the scope of the request. If the FCA holds information it must either disclose it, or issue a refusal notice that complies with section 17 of the FOIA.
FOI 17: Complaint upheld FOI 43: Complaint upheld FOI 44: Complaint upheld
Citations:
[2021] UKICO IC-50103
Links:
Jurisdiction:
England and Wales
Information
Updated: 24 October 2022; Ref: scu.665892