Information Commissioner's Office

Summary: The complainant has requested information relating to a section of a consultation paper issued by the Financial Services Authority (the -�FSA-�) entitled -�CP11/5 Protecting with-profits policyholders-�. The FSA disclosed some information, but withheld the rest under the prejudice to the effective conduct of public affairs exemption [sections 36(2)(b)(i) and (ii), and 36(2)(c)]; the exemption for third party personal information [section 40(2)]; the legal professional privilege exemption [section 42]; and the exemption for information the disclosure of which is prohibited by another enactment [section 44]. During the investigation the complainant confirmed that he was only seeking to complain about the FSA-�s use of sections 36 and 42. Therefore this case has focused only on the information withheld under these exemptions. The Commissioner-�s decision is that in relation to the information withheld under section 36, this information was correctly withheld under sections 36(2)(b)(i) and (ii). In relation to some of the information withheld under section 42, this information was not exempt under this exemption. However, in relation to the remaining information withheld under section 42, this information was exempt under this exemption. The Commissioner requires the FSA to disclose the information identified in the confidential annex.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld, FOI 42 - Complaint Partly Upheld