Information Commissioner's Office

General Optical Council

7 November 2017, Health

The complainant has requested communication exchanges between the General Optical Council (GOC) and its Stakeholder Group about the formulation of a particular code.  GOC’s position is that the requested information is exempt from release under section 36(2)(b) and (c) of the FOIA as it considers that disclosing it would inhibit the free and frank provision of advice and views, or would otherwise prejudice the effective conduct of public affairs. The Commissioner’s decision is that: Sections 36(2)(b)(i) and (ii) are engaged but that the public interest favours disclosing the requested information. Section 36(2)(c) is not engaged. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. Release the requested information to the complainant, with personal data redacted in line with section 40(2) of the FOIA, as appropriate.

FOI 36: Upheld