12 January 2015, Central government
The complainant has requested two unpublished datasets mentioned on the data.gov.uk website. The Cabinet Office explained that it did not hold the first dataset in the format requested and refused to provide the second dataset citing section 43 (prejudice to commercial interests) as its basis for doing so. At internal review, it upheld its position with regard to the second one and introduced reliance on section 35 (formulation/development of government policy) in relation to the first dataset which it explained it now held in the format requested. The Commissioner’s decision is that the Cabinet Office is entitled to withhold the two datasets based on the exemptions it has cited. No steps are required.
FOI 35: Not upheld FOI 43: Not upheld