Summary: The complainant has requested all communications between Renewable Energy Assurance Limited (REAL) and the Office of Fair Trading (OFT) between 8 June and 12 July 2012. The OFT refused to disclose this information under sections 31(1)(g), 43(2) and 44 (1)(a) of the FOIA. The Commissioner has first considered the application of section 44(1)(a) of the FOIA, as this exemption was applied to all the withheld information. The withheld information has been labelled (a) to (i). It is the Commissioner-™s decision that section 44(1)(a) applies to items (a) -“ (d) and (g) and (i) and therefore the OFT acted appropriately by refusing to disclose this information under this exemption. In respect of items (e), (f) and (h), the Commissioner has decided that section 44(1)(a) of the FOIA does not apply. Although the OFT applied sections 31(1)(g) and 43(2) of the FOIA in the alternative, it did not apply either of these exemptions to these 3 items of correspondence. The Commissioner therefore requires the OFT to disclose items (e), (f) and (h) as listed in paragraph 10 of this notice to the complainant with any third party personal data redacted.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld, FOI 44 - Complaint Partly Upheld