The complainant requested a copy of an agreement between the Council and a property maintenance contractor. The Council withheld some of the content of this agreement under the exemptions provided by sections 40(2) (personal information of a third party) and 43(2) (prejudice to commercial interests). The Commissioner’s decision is that some of this information was withheld correctly under section 40(2) and, although this subsection was not cited by the Council, 40(1) (personal information of the requester). He has also found, however, that other information was incorrectly withheld under sections 40(2) and 43(2). The Commissioner requires the Council to disclose schedule 1, in relation to which the Commissioner found that section 40(2) was not engaged, and paragraphs 2.6.1 and 2.6.2, in relation to which the Commissioner found that section 43(2) was not engaged.
Section of Act/EIR and Finding: FOI 40 – Complaint Partly Upheld, FOI 43 – Complaint Upheld
Citations:
[2013] UKICO FS50492004
Links:
Jurisdiction:
England and Wales
Information
Updated: 18 May 2022; Ref: scu.528679
