The complainant has requested information regarding a voluntary agreement entered into by six companies. The Pubs Code Adjudicator refused to supply any information within the scope of the request as it believed that to do so would prejudice the effective conduct of public affairs. The Commissioner’s decision is that the Adjudicator is not entitled to rely on 36(2)(c) of the FOIA to withhold the requested information as the exemption is not engaged. She finds that section 36(2)(b)(i) and section 36(2)(b)(ii) are both engaged, but only in respect of some of the withheld information. Where the exemptions are engaged, the public interest favours maintaining the exemptions. The Adjudicator also failed to respond within 20 working days, thus breaching sections 10 and 17 of the FOIA. The Commissioner requires the Adjudicator to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the information identified in the confidential annex to this notice.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 36: Complaint partly upheld
Citations:
[2020] UKICO FS50878167
Links:
Jurisdiction:
England and Wales
Information
Updated: 19 September 2022; Ref: scu.653783