Information Commissioner's Office

Summary: The complainant has requested Tate to review the handling of a previous request made in December 2011 by a different applicant to see if additional information could now be released. He also asked Tate to disclose copies of the minutes of all the Ethics Committee meeting held to date in which BP-�s sponsorship of Tate is discussed. Tate released some information but refused to disclose sections of the relevant documents under sections 36(2)(b), 38, 42 and 43 of the FOIA. The Commissioner has considered the exemptions in turn. His decision is that section 43 of the FOIA applies to the following information and therefore it should not be disclosed: The redactions made to section 3.1 of the report headed -�BP-�s Sponsorship of Tate-�; The financial figure contained in paragraph 4 of section 4.2 of the report headed -�Report 2: Tate Corporate Relationships-�; The redactions to section 3.1 of the report headed -�Report 4.1: Sponsorship Renewal -� BP-�; The redaction to section 3.2 of the report headed -�BP-�s Sponsorship of Tate-� under the section headed -�Summary of renewal offer-�; The two financial figures quoted in bullet point 2 of section 4 of the report headed -�Report 4.1: Sponsorship Renewal -� BP-�. For all other information withheld under this exemption, he does not agree that section 43 of the FOIA applies. For section 42 of the FOIA, this has been applied to a small amount of information in three documents. The Commissioner considers section 42 of the FOIA applies to the redactions made in the following documents: One sentence of section 3.2 of the report headed -�Report 4.1: Sponsorship Renewal -� BP-�; First paragraph of 3.2 of the minutes of the Ethics Committee held on 6 February 2012. For all other information withheld under section 42, the Commissioner does not agreed that this exemption is engaged. Regarding sections 36, and 38 of the FOIA, the Commissioner has decided that these exemptions are not engaged for any of the information currently withheld under these sections. As the Commissioner has decided that the majority of the information is not exempt from disclosure under the exemptions cited, he now requires Tate to release all outstanding information to the complainant with the exception of the information listed in 3 and 5 above.
Section of Act/EIR & Finding: FOI 36 - Complaint Upheld, FOI 38 - Complaint Upheld, FOI 42 - Complaint Partly Upheld, FOI 43 - Complaint Partly Upheld