Welsh Assembly Government (Decision Notice): ICO 22 Apr 2014

ICO The complainant requested a copy of a contract between British Telecom (BT) and the Welsh Government regarding the delivery of broadband services across Wales. The Welsh Government initially refused the request under section 14(2) as it considered the request to be repeated. At the time of the internal review, the Welsh Government withdrew reliance on section 14(2) and stated the information requested was exempt under section 43(2). During the course of the Commissioner’s investigation, the Welsh Government disclosed some information relevant to the request and the complainant withdrew his request for some parts of the contract. The Welsh Government maintained that the remaining information falling within the scope of the request was exempt under sections 31, 41 and 43(2). The Commissioner’s decision is that The Welsh Government correctly withheld some information under section 43(2), namely clause 20.1 and schedule 8. Sections 43(2), 31 and 41 are not engaged in relation to clauses 7.14 and 20.2 of the main contract and schedule 4 of the contract. The Commissioner requires the public authority to disclose clauses 7.14 and 20.2 of the main contract and schedule 4 of the contract.
Section of Act/EIR and Finding: FOI 31 – Complaint Upheld, FOI 41 – Complaint Upheld, FOI 43 – Complaint Partly Upheld

[2014] UKICO FS50505435
England and Wales


Updated: 06 December 2021; Ref: scu.527740