Information Commissioner's Office

Tate

24 September 2007, Education (Other)

The complainant made a request for information, relating to The Tate’s purchase of an item of art work, which was refused under sections 40, 41, 43 and 36 of the Act. The Commissioner investigated The Tate’s refusal to withhold the information under section 40, 41 and 43 but not the application of section 36 as the information withheld under this exemption was subsequently disclosed. The Commissioner’s decision is that The Tate was correct in its application of sections 40 but that section 43 was not engaged. Section 41 was not considered as it was applied to the same information to which section 40 applied. The Commissioner requires the public authority to disclose the requested information to the complainant, redacted of the information withheld under section 40, within 35 calendar days of this notice. An appeal was made to the Tribunal but later withdrawn.

FOI 40: Not upheld