22 September 2014, Central government
The complainant has requested Cabinet Office advice to the Department for Education in 2011 regarding the use of private emails for government business. The Cabinet Office provided a link to information published online but argued that it was withholding other information under section 36 (prejudice to effective conduct of public affairs). The Commissioner’s decision is that the Cabinet Office is not entitled to rely on section 36(2)(c) as the qualified person’s opinion was not reasonable. The Cabinet Office was also not entitled to rely on sections 36(2)(b)(i) and (i) as a basis for withholding the requested information as the public interest in maintaining the exemption did not outweigh the public interest in disclosure. The Commissioner requires the public authority to provide the complainant with a copy of the information listed in the Confidential Annex to this Notice. Information Tribunal appeal EA/2014/0271 withdrawn.
FOI 36: Upheld