Information Commissioner's Office

Summary: The complainant requested correspondence between senior officials at the public authority and senior officials at Tate in relation to the extension development of the Tate Modern gallery. The public authority withheld the information on the basis of the exemption at section 36(2)(b)(ii). During the course of the investigation, the Commissioner found that the Environmental Information Regulations 2004 was the correct access regime and the public authority subsequently disclosed part of the information requested but withheld the remainder on the basis of the exceptions at regulations 12(5)(e) and 12(5)(d). The Commissioner found that the disputed information was correctly withheld on the basis of the exception at regulation 12(5)(e) and in all the circumstances of the case the public interest in maintaining the exception outweighed the public interest in disclosure. He however found the public authority in breach of regulations 14(2) and 14(3) in respect of its handling of the request.
Section of Act/EIR & Finding: EIR 12.5.e - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld