Information Commissioner's Office

Department for Business Innovation and Skills

19 June 2014, Central government

The complainant has requested a copy of a report produced by the Department for Business, Innovation and Skills (DBIS) about Thomas Cook, as well as any correspondence around this report. DBIS confirmed that the information was held but was being withheld on the basis of section 43(2) of the FOIA. It later also applied the section 36(2)(b) and 41(1) exemptions to withhold information in a report and advice note. The Commissioner’s decision is that DBIS incorrectly applied the section 36(2)(b) and 43(2) exemptions but that the section 41(1) exemption does provide a basis for withholding information from the report and advice note that has been identified as being provided in confidence. The Commissioner requires the public authority to disclose all information in the report and advice note that has not been identified by DBIS as being information provided in confidence. This decision notice is currently under appeal to the Tribunal.

FOI 36: Upheld FOI 41: Not upheld