Information Commissioner's Office

Portsmouth City Council

25 November 2015, Local government (City council)

The complainant has requested information from Portsmouth City Council (the ‘Council’) relating to bus shelters carrying advertising. This notice concerns one part of the request, where the Council was asked to disclose the financial benefits it accrues from the advertising annually and over the life of its contract with a third party. The Council refused the request under the ‘commercial interests’, section 43(2), exemption in FOIA. The Commissioner determined that section 43(2) is not engaged. He therefore requires the public authority to disclose the financial benefits it accrues from advertising annually and over the life of its contract with Clear Channel. The Council 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. In addition, the Council failed to provide its response within the statutory 20 working days framework and thereby breached section 17(1) of FOIA.

FOI 17: Upheld FOI 43: Upheld