Information Commissioner's Office

Surrey Heath Borough Council

28 September 2017, Local government (Borough council)

The complainant has requested information from Surrey Heath District Council (“SHDC”) relating to the sums paid to a successful bidder in a recent tender. SHDC refused to provide the requested information citing section 43(2) (prejudice to commercial interests) as its basis for doing so. In correspondence with the Commissioner, it argued that it did not in fact hold the requested information. The Commissioner’s decision is that SHDC holds the requested information but that it is not obliged to provide it under the FOIA because it can rely on the exemption at section 43(2) as its basis for withholding it. No steps are required.

FOI 43: Not upheld