Information Commissioner's Office

Summary: The complainant requested information relating to the performance reviews of overseas projects sponsored by the public authority. The public authority withheld the information within the scope of the request on the basis of all the exemptions at section 27(1) (international relations), the exemptions at sections 36(2)(b) (i) & (ii) (free and frank provision of advice and exchange of views) and 36(2)(c) (prejudice to effective conduct of public affairs), the exemptions at sections 38(1) (a) & (b) (health and safety), the exemptions at sections 40(2) (personal data) and 43(2) (commercial interests). The Commissioner found part of the information was correctly withheld on the basis of sections 36(2)(b) (i) & (ii) and in all the circumstances of the case the public interest in maintaining the exemptions outweighed the public interest in disclosure. He also found that section 40(2) applied to some of the information. He however found that none of the other exemptions applied in relation to the remainder of the information and he has therefore ordered the relevant information to be disclosed. The Commissioner also found the public authority in procedural breach of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 27 - Complaint Upheld, FOI 36 - Complaint Partly Upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Upheld, FOI 43 - Complaint Upheld