Information Commissioner's Office

Home Office

9 June 2014, Central government

The complainant requested information relating to the business case that supported the establishment of the Disclosure and Barring Service (DBS). The Home Office refused to disclose the information it confirmed it held on the basis that sections 36(2)(c) (prejudice to effective conduct of public affairs), 40 (personal information) and 43 (commercial interests) of the FOIA apply. The Commissioner’s decision is that the Home Office correctly engaged section 36(2)(c) but that the public interest favours disclosure. He does not find section 43 engaged. In relation to the other redactions he is satisfied that the Home Office was entitled to apply section 40(2). The Commissioner requires the public authority disclose to the requestor the information withheld by virtue of section 36(2)(c) (which includes the information also withheld by virtue of section 43), with the information covered by section 40(2) redacted. This decision notice is currently under appeal to the Tribunal.

FOI 36: Upheld FOI 43: Upheld