Summary: The complainant requested information concerning complaints made about a specific company. The OFT responded, stating that the information was exempt under section 43 (commercial interests) and that the public interest favoured maintaining the exemption. When the complaint was raised with the OFT they also invoked section 44 (statutory prohibitions) as the information was provided under the Enterprise Act 2002. The Commissioner is satisfied that the section 44 is engaged and that the public authority need to take no further action, and so has not made a decision on the application of the exemption under section 43 as part of this complaint. The Information Tribunal has ruled on this decision and has dismissed the appeal.
Section of Act/EIR & Finding: FOI 44 - Complaint Upheld