Summary: The complainant has requested; -- access to OFT documents on Jaguar Land Rover Automative PLC.- The Office of Fair Trading (OFT) refused to confirm or deny whether it held any of the requested information, relying on section 44(2) of FOIA in order to do so. Section 44(2) relates to prohibitions on disclosure. In particular the OFT argued that to confirm or deny whether it held the information would breach the statutory prohibition on disclosure created by section 237(2) of the Enterprise Act 2002. The Commissioner-s decision is that the OFT has correctly applied section 44(2) and is entitled to refuse to confirm or deny whether the requested information is held. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: FOI 44 - Complaint Not upheld