Information Commissioner's Office

Department for Business Innovation and Skills

10 March 2016, Central government

The complainant has requested a copy of the Sale and Purchase Agreement, and other contracts concerning the Government’s sale of the remaining mortgage style student loans to Erudio Student Loans Ltd in November 2013.  The Department for Business Innovation and Skills withheld the requested information in its entirety under section 43(2)(prejudice to commercial interests) and section 41 (information provided in confidence) of the Freedom of Information Act 2000.  During the course of the Commissioner’s investigation the Department provided the complainant with most of the previously withheld information, with some information being redacted and withheld under the above exemptions and section 40(2)(third party personal data).The Commissioner’s decision is that the Department wrongly withheld all of the information at the time of the request but has subsequently provided the complainant with all the information within scope of the request other than that information which is validly exempt from disclosure on the basis of section 43(2).  The Department is therefore not required to take any further action in respect of this request.

FOI 43: Not upheld