Information Commissioner's Office

Summary: The complainant requested a copy of the content of any email in the folders of the Secretary of State, Ministers and their secretaries which contained the word embarrassing. The Department for Transport (the -�DfT-�) initially relied upon section 14(1) to refuse this request. During the Commissioner-�s investigation the DfT dropped its reliance on section 14(1) and disclosed some information to the complainant. However, it also withheld some information under sections 36(2)(b)(i) and (ii), 36(2)(c), 40(2) and 40(3)(a)(i), and 43(2). At a later stage of the investigation it also relied upon section 41. After investigating the case the Commissioner decided that the outstanding information was exempt from disclosure under section 36(2)(b)(ii). However, the Commissioner also decided that DfT failed to meet the requirements of sections 10(1), 17(1) and 17(5).
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Not upheld