Information Commissioner's Office

Mid Suffolk County Council

13 February 2008, Local government (County council)

The complainant requested information on the commission payments made by investment managers on behalf of Suffolk County Council (“the Council”). The Council supplied the names of its investment managers however claimed that the remainder of the information was exempt on the basis that the exemption in section 43(2) (commercial interests) applied. 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. Whilst the Council did not raise the issue of the section 41 exemption, 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 43: Partly upheld