The complainant has requested information relating to a grant provided to a specific firm. The Welsh Government relied on section 43 (commercial interests) and section 40(2) of the FOIA (third party personal data) to withhold the information. The Commissioner’s decision is that the Welsh Government has correctly applied section 40(2) to withhold one document, but that it has failed to demonstrate why section 43(2) is engaged and is thus not entitled to rely on that exemption to withhold information. The Commissioner requires the Welsh Government to take the following steps to ensure compliance with the legislation: disclose, to the complainant, documents 1, 2 and 3. It may redact the signatures, phone numbers and email addresses contained therein.
FOI 43: Complaint upheld FOI 40(2): Complaint not upheld
Citations:
[2019] UKICO fs50841454
Links:
Jurisdiction:
England and Wales
Information
Updated: 21 January 2023; Ref: scu.643525