Information Commissioner's Office

Department for Culture Media and Sport

3 December 2007, Central government

The complainant made a request for documents held in relation to the takeover of Manchester United. DCMS confirmed it held information relevant to the request but refused to disclose this as it related to the formulation of government policy and was legal advice and therefore exempt under sections 35 and 42 of the Act. The Commissioner investigated and found that section 35 was engaged but that the public interest in maintaining the exemption did not outweigh the public interest in disclosure of the information. The Commissioner also found that section 42 was not engaged as the information did not attract legal advice privilege. The Commissioner requires the public authority to disclose the information within 35 calendar days of this notice.

FOI 35: Upheld