Information Commissioner's Office

Newham London Borough Council

6 February 2008, Local government (Borough council)

The complainant requested information on the commission payments made by investment managers on behalf of the London Borough of Newham (“the Council”). The Council has supplied the names of its investment managers however claims that the remainder of the information is exempt on the basis that the exemptions in section 43(2) (commercial interests) and section 41 (information held in confidence) applies. The Commissioner's decision is that the exemption in section 43 was engaged by the information however the public interest in disclosing the majority of the information overrides the public interest in maintaining the exemption. He has also decided that the exemption in section 41 was partially applicable, however the public interest defence inherent in the common law of confidence also meant that a disclosure of the majority of the information would not be actionable in law. The exemption was not therefore engaged by this information. The Commissioner’s decision in this case is that the information should be disclosed to the complainant, with minor redactions.

FOI 41: Partly upheld