Information Commissioner's Office

East of England Ambulance Trust

20 April 2017, Health (NHS)

The complainant requested a copy of the Trust’s Remedial Action Plan (RAP). The Trust refused the request under section 43(2) – prejudice to commercial interests. During the course of the Commissioner’s investigation the Trust disclosed the majority of the information but continued to withhold some information under section 43(2) and withheld other information under section 36(2)(c) – prejudice to the conduct of public affairs. The Commissioner’s decision is that section 43(2) is not engaged. The Commissioner is satisfied that section 36(2)(c) is engaged and, with the exception of one piece of information, the public interest favours maintaining the exemption. The Commissioner requires the public authority to disclose the information to which it applied section 43(2) as well as the one piece of information, identified in the confidential annexe accompanying this notice, which although engaging section 36(2)(c) cannot be with withheld under that exemption following application of the public interest test.

FOI 43: Upheld FOI 36: Partly upheld