Information Commissioner's Office

Department of Trade and Industry

13 February 2007, Central government

The complainant, on 4 January 2005, requested information from the Department of Trade and Industry in relation to the assessment by the Department of the application for grant aid made in relation to the complainant’s wave energy conversion system. The Department withheld the information on the basis that it is exempt under sections 36, 41 and 43 of the Freedom of Information Act 2000. The Commissioner is satisfied that none of the withheld information falls within the terms of the exemptions under sections 41 or 43 of the Act. The Commissioner is satisfied that some of the information is exempt under section 40 (1) of the Act in that the information constitutes personal data of which the complainant is the data subject. He is also satisfied that other information is exempt under section 40 (2) of the Act in that it constitutes personal data about third parties and that disclosure would be unfair. Although the Commissioner is satisfied that the remaining information falls within the exemption set out at section 36 of the Act, he considers that the public interest in maintaining that exemption in the circumstances of this case does not outweigh the public interest in disclosure of that information. Accordingly, the Commissioner finds that the Department has not dealt with the complainant's request in accordance with Part 1 of the Act. The Commissioner requires the Department to disclose to the complainant that information which is identified in correspondence to the Department served upon it with this Notice.

FOI 17: Upheld