Information Commissioner's Office

Summary: The complainant made a freedom of information request to the Department for Education (DfE) for any emails sent from the private accounts of the Secretary of State and three of his special advisers which concern official government business and which refer to the Building Schools for the Future Programme and the Sandwell Local Authority Area. The DfE initially informed the complainant that it did not hold any information falling within the scope of the request. However, during the course of his investigation the Commissioner found that two emails identified by the DfE would fall within the scope of the request. The DfE then sought to withhold this information by relying on the exemptions in section 36 (prejudice to effective conduct of public affairs), section 40(2) (personal information) and section 42 (legal professional privilege). The Commissioner has considered whether this information should be withheld and found that the information is exempt under section 36(2)(b)(i) and (ii) and that the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld