Summary: The complainant requested information in two separate but linked requests about a pensions-™ payroll contractor used by the Cabinet Office. The Cabinet Office withheld some of the information under sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) and 43(2) (commercial interests) of the FOIA. Further information that the Cabinet Office argued was not within the scope of the requests came to light during the Commissioner-™s investigation. The Commissioner-™s decision is that the Cabinet Office cited the exemptions provided by sections 36(2)(b)(i) and (ii) correctly, but that where section 43(2) alone was cited this information should have been disclosed. The Commissioner has also found that in relation to the information that came to light during his investigation, this information is within the scope of the requests and the Cabinet Office was incorrect to state otherwise.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld, FOI 43 - Complaint Upheld