Information Commissioner's Office

Lambeth London Borough Council

19 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 Lambeth (“the Council”). The Council claimed that the information was exempt on the basis that the exemptions in section 43 applied. The Commissioner's decision is that the exemption in section 43(2) (commercial interests) was engaged by the information however the public interest in disclosing the majority of the information overrides the public interest in maintaining the exemption. The Commissioner has also decided that the information requested does not constitute a trade secret and therefore section 43(1) does not apply. Whilst the Council did not raise the issue of the section 41 exemption (information provided in confidence), the Commissioner has decided that 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 would not be 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