Information Commissioner's Office

Department for Business Innovation and Skills

19 June 2014, Central government

The complainant has requested information relating to an investigation into a loan made under the Small Firms Loan Guarantee Scheme. This included communications within the Department for Business Innovation and Skills (BIS) together with communications with the bank that provided the loan. The Department provided some information. Other information was withheld under section 40(2) – third party personal data, section 35(1)(a) – formulation and development of government policy and section 42 – legal professional privilege. Further information emerged during the Commissioner’s investigation which BIS withheld under section 40(2) and 42(1). The Commissioner’s decision is that section 35 cannot be relied on to withhold one document, however personal data can be reacted from its contents. Section 42(1) is engaged in respect of most but not all of the information it has been claimed for. Where the section 42(1) is engaged the Commissioner finds that the public interest favours maintaining the exemption. Section 40(2) is engaged in respect of some of the information to which it has been applied but not to other. The Commissioner requires the public authority to disclose the information which the Commissioner finds either does not engage an exemption or cannot be withheld in the public interest.

FOI 35: Upheld FOI 40: Partly upheld