Information Commissioner's Office

Summary: The complainant asked the Legal Services Commission (the -�public authority-�) to release information relating to a provider under the duty solicitor scheme and one of its named solicitors. The public authority released some information but refused to disclose the remainder using the exemptions under sections 40(2) (personal data) and 43(2) (commercial interests) of the Freedom of Information Act 2000 (the -�Act-�). During the Commissioner-�s investigation the public authority changed its position in respect of the information withheld under section 40(2), claiming by reference to section 12 of the Act that to provide it would exceed the appropriate limit. The Commissioner-�s decision is that the public authority properly applied the appropriate limit to the information covered by parts (1) and (2) of the request. In respect of the opening part of the request he finds that the exemption at section 43(2) is not engaged but that some of the information withheld under this exemption is properly exempt under section 40(2) as its disclosure would breach the Data Protection Act (the -�DPA-�). The complaint is therefore partially upheld. The public authority-�s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 43 - Complaint Upheld