Information Commissioner's Office

Summary: The complainant made a freedom of information request to the Department for Business Innovation and Skills (BIS) for copies of correspondence with the Duchy of Cornwall on the Apprenticeship Skills, Children and Learning Bill. BIS refused the request by relying on the exemptions in section 37(1)(a) (communications with Her Majesty etc), section 40(2) (personal information) and section 42 (legal professional privilege). The Commissioner has investigated the complaint and found that some of the withheld information was exempt under section 37(1)(a) but the public interest favoured disclosure. For the remaining information the Commissioner found that either it was exempt under section 37(1)(a) and the public interest favoured maintaining the exemption, or it was exempt under section 42 and the public interest favoured maintaining the exemption or it was exempt under section 40(2). The Commissioner requires the public authority to disclose some of the requested information to the complainant. The Commissioner has provided BIS with a schedule identifying the information to be disclosed. Information Tribunal appeal number EA/2012/0057 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 37 - Complaint Partly Upheld, FOI 40 - Complaint Not upheld, FOI 42 - Complaint Not upheld