Information Commissioner's Office

Summary: The complainant requested a copy of a tender document that preceded a contract between the public authority and UK Sport for the public authority to carry out drug testing. The public authority initially refused the request on the grounds that the information was exempt under section 43(2) (commercial interests). Following the intervention of the Commissioner, the public authority altered its stance and stated that the information requested was not held. The Commissioner finds that the public authority is correct in stating that the information requested is not held and therefore that it is not obliged to disclose the information under section 1(1)(b) of the Act. However, in incorrectly confirming that the information was held when initially refusing the request it breached section 1(1)(a) of the Act. The Commissioner also finds that the public authority failed to comply with the requirements of sections 17(1)(b) and (c) and 17(3)(b) when issuing an inadequate refusal notice.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 17 - Complaint Upheld