Information Commissioner's Office

Cornwall Council

25 November 2015, Local government (District council)

The complainant has requested information relating to Lender Option Borrowing Option loans. Cornwall Council disclosed some information and withheld other information under the exemptions for prejudice to commercial interests (section 43(2)) and information provided in confidence (section 41). The Commissioner’s decision is that Cornwall Council correctly engaged the exemption under section 43(2) but that the public interest favours disclosing the withheld information and failed to demonstrate that the exemption under section 41 is engaged. The Commissioner requires the public authority to disclose the agreements specified in part 7 of the request. 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