Information Commissioner's Office

Brighton and Hove City Council

2 November 2015, Local government (City council)

The complainant requested information from Brighton and Hove City Council (“the council”) relating to its contract for bus shelter advertising. The council supplied some information but refused other information using the exemption under section 43(2) of the Freedom of Information Act 2000 (“the FOIA”). This exemption concerns commercial interests. During the Commissioner’s investigation, the council said that it wished to change its position. It said that in relation to one of the requests it could neither confirm nor deny whether the information was held in accordance with section 43(3) because to do so would be likely to cause prejudice to commercial interests. In relation to the remaining information, the council wished to rely on the additional exemptions under section 41(1) and 44(1) as well as section 43(2). These exemptions concern confidential information and circumstances where the disclosure is prohibited under law. The Commissioner’s decision is that the council incorrectly claimed that it cannot confirm or deny whether the information was held relating to one of the requests. The Commissioner was not persuaded that any of the exemptions relied upon were engaged in the circumstances of this case. He has ordered the council to confirm or deny whether the information was held in relation to one of the requests, and to disclose it if it was. He has also ordered the disclosure of the other information held. This decision notice includes a confidential annex. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. In relation to the requests, “What are the financial benefits to the Council annually and over the life of the contract” and Are these payments made on a regular basis and if so when”, the council should disclose the information it held to the complainant. In relation to the request, “Does the council receive any discounts on advertising it purchases and if so what percentage”, the council should confirm or deny whether the information was held and if it was held, it should disclose it to the complainant. 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 41: Upheld FOI 43: Upheld FOI 44: Upheld