11 February 2015, Central government
The complainant requested the test data and test methodology used in determining broadband speeds of properties able to access fast fibre broadband as a result of the Superfast Cymru scheme. The Welsh Government withheld the information under section 22 of the FOIA. During the course of the Commissioner’s investigation, the Welsh Government confirmed that some of the information had been published, namely the test methodology. In relation to the test data the Welsh Government withdrew reliance on section 22 but stated that it considered it to be exempt under sections 41, 43 and 44 of the FOIA. The Commissioner’s decision is that the Welsh Government correctly applied section 41 to the information. He does not require any steps to be taken.
FOI 41: Not upheld