Information Commissioner's Office

Summary: The complainant sought disclosure of a TV Licensing contract between the BBC and Capita Business Services Ltd (-�Capita-�) agreed in February 2002. The BBC initially relied on section 12 -� cost of compliance exceeds the appropriate limit but subsequently relied on section 43(2) -� prejudice to commercial interests. Although a redacted copy of the contract between the BBC and Capita was eventually provided to the complainant he remained dissatisfied with the redactions made. The Commissioner has determined that section 43(2) is engaged as disclosure would be likely to be prejudicial to the commercial interests of both Capita and the BBC. However he considers that the public interest in maintaining the exemption does not outweigh the public interest in disclosing the information. He has therefore ordered that the information which was the subject of the narrowed request and subsequent complaint be disclosed to the complainant. As a consequence the Commissioner finds that the BBC has not met the requirements of sections 1(1)(b),10(1) and 17(1)(b).
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 43 - Complaint Upheld