Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

8 January 2008, Central government

The complainant made a request to the former Department of Trade and Industry (DTI) for release of the information which led to the inclusion of Regulation 17 in the Part-Time Workers Regulations 2000. DTI refused to release the information relying upon the exemptions in sections 35 and 42 of the Act. DTI also sought to apply the exemption in section 36 in respect of one document after the Commissioner’s investigation had commenced. The Commissioner has examined the exempt information and is satisfied that the public authority has correctly applied the exemptions above. However the Commissioner finds, in respect of one document withheld under section 35(1)(a), that the public interest in maintaining the exemption does not outweigh the public interest in disclosure and accordingly orders release of it. Finally, the Commissioner found that DTI did not respond to the complainant’s request in compliance with sections 10 and 17 of the Act. Information Tribunal appeal EA/2008/0011 allowed.

FOI 35: Partly upheld