Information Commissioner's Office

Summary: The complainant requested information concerning changes made that impacted upon which legal firms were able to carry out prison law work. The public authority disclosed some information, but withheld the remainder, citing the exemptions provided by the following sections of the Act: 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and to the free and frank exchange of views), 40(2) (personal information), 42(1) (legal professional privilege) and 43(2) (prejudice to commercial interests). The Commissioner finds that the exemption provided by section 43(2) was cited incorrectly and the public authority is required to disclose to the complainant the information withheld under these exemptions. Sections 36(2)(b)(i) and (ii) are found to be engaged and the public interest in maintaining the exemption outweighs disclosure. The Commissioner upholds the citing of section 40(2). He also finds that the public authority breached several of the procedural requirements of the Act in its handling of the request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Not upheld, FOI 40 - Complaint Not upheld, FOI 43 - Complaint Upheld