Information Commissioner's Office

Home Office

14 June 2017, Central government

The complainant requested information relating to the ‘mystery shopper’ research undertaken as part of the Home Office’s evaluation of the ‘Right to Rent’ scheme. The Home Office ultimately relied on sections 40(2) (personal information), 41(1) (information provided in confidence) and 43(2) (commercial interests) of the FOIA to withhold the information it held that fell within the scope of the request. The complainant disputed the Home Office’s application of section 41(1) to the information withheld by virtue of that exemption. The Commissioner’s decision is that the Home Office failed to demonstrate that the exemption in section 41 of the FOIA is engaged. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation - disclose the information withheld by virtue of section 41(1).

FOI 41: Upheld