Information Commissioner's Office

London Legacy Development Corporation

3 September 2015, Other

The complainant has requested a copy of the Concession Agreement (the Agreement) between London Legacy Development Corporation (LLDC) and West Ham United Football Club (WHUFC) for the use of the London Olympic Stadium (the Olympic Stadium). The LLDC provided a redacted version of the Agreement, withholding information contained within the document under variously the ‘law enforcement’ (section 31(1)), ‘health and safety’ (section 38(1)), ‘personal information’ (section 40(2)) and ‘commercial interests’ (section 43) exemptions in FOIA. The Commissioner has only been asked to consider the commercial aspects of the tenancy agreement. The Commissioner’s decision is that section 43(2) and the ‘information provided in confidence’ (section 41) exemption, which was introduced by WHUFC, are not engaged with regard to the specified elements of the Agreement. He therefore requires the LLDC to disclose this information to ensure compliance with the legislation. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 41: Upheld FOI 43: Upheld