Information Commissioner's Office

Summary: The complainant requested information about how ECGD had handled a previous request for information. ECGD refused to disclose the information citing section 14(1), 36(2)(b)(i) and (ii) and 36(2)(c). The complainant subsequently made a similar request. ECGD refused this request under sections 14(2), 36(2)(b)(i) and (ii) and 36(2)(c). The Commissioner finds that ECGD was incorrect to refuse the first request under section 14(1). However the Commissioner finds that the information was correctly withheld under section 36(2)(b)(ii). The Commissioner also finds that ECGD was incorrect to rely on section 14(2) in respect of the second request. Again, the Commissioner finds that the information was correctly withheld under sections 36(2)(b)(ii). During the course of the investigation ECGD sought to rely on section 21 in relation to one piece of information. The Commissioner finds that this exemption was wrongly applied, and that this information ought to be disclosed to the complainant. The Commissioner also recorded a number of procedural breaches in the handling of the request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 14 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 21 - Complaint Upheld, FOI 36 - Complaint Not upheld