Information Commissioner's Office

Summary: The complainant requested information relating to communications between specific dates between Macfarlan Smith Limited (MSL) and the Home Office, particularly those relating to the policy on importing and exporting narcotics and narcotics products. The Home Office confirmed it held the requested information but refused to provide it on the basis that it was exempt from disclosure by virtue of sections 35(1)(a) (formulation of government policy) and 43(2) (commercial interests) of the Freedom of Information Act 2000. The Commissioner has considered the application of these exemptions and his decision is that the Home Office was incorrect to apply sections 35(1) and 43(2). The Commissioner also found that the Home Office had not met the requirements of sections 1(1)(b) and 10(1).
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 35 - Complaint Upheld, FOI 43 - Complaint Upheld