Information Commissioner's Office

Charity Commission

28 January 2008, Local government (Other)

The complainant requested copies of legal advice and other information relating to an application made by it to the public authority for registration as a charitable institution. The public authority refused to release the requested information claiming that it was subject to legal professional privilege and was exempt under Section 42 of the Act. The public authority also claimed that the information contained personal data relating to a third party and was therefore exempt from disclosure under Section 40 of the Act. The Commissioner has decided that the public authority has correctly applied section 42 of the Act in this case and that the public interest in maintaining the exemption is not outweighed by the public interest in disclosing the requested information. The Commissioner has therefore not considered whether the public authority was correct to withhold the information under section 40 of the Act. Information Tribunal appeal number EA/2008/0012 has been dismissed.

FOI 42: Not upheld