Information Commissioner's Office

Cabinet Office

14 July 2015, Central government

he complainant submitted a request to the Cabinet Office seeking a copy of any legal advice it held on the potential impact of the Transatlantic Trade and Investment Partnership. The Cabinet Office refused to confirm or deny whether it held any information on the basis of section 42(2), the legal professional privilege exemption. The Commissioner has concluded that section 42(2) is not engaged. The Commissioner requires the public authority to confirm or deny whether information falling within the scope of the request is held, and disclose or refuse any information identified. 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.

FOI 42: Upheld