Information Commissioner's Office

Leeds City Council

27 May 2008, Local government (City council)

The complainant requested information from the council about “Innovation Leeds”, a team in the council’s Information and Communication Technologies (ICT) Department. He further requested information on the relationship between Innovation Leeds and Destiny Wireless (“Destiny”), a private company which entered into an agreement with the council to jointly provide and sell digital pens, equipment and related services to other public authorities. The council refused the request on the basis that sections 43 (commercial interests) and 41 (information provided in confidence) applied. The council also claimed section 40 (personal data) as regards information on the funding of Innovation Leeds. The Commissioner's decision is that the council was able to withhold information about the contract it has agreed with Destiny under section 43, but that some information it held on the funding of Innovation Leeds was not able to be withheld under the exemption in section 40 of the Act. The Commissioner has considered the application of section 41 to information which does not fall within the other exemptions. His view is that it is not applicable as the information was generated by the council and not provided to it by “another person”.

FOI 43: Partly upheld