Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Wiltshire Council (Local government) [2020] UKICO fs50885697 (9 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50885697.html
Cite as: [2020] UKICO fs50885697

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Wiltshire Council

The complainant has asked Wiltshire Council for a copy of all Brexit planning risk and impact assessments held by the Council, which were not publicly available when he made his request. The Council initially relied on sections 21 and 22 of the FOIA on the grounds that the requested information is either already available on the Council’s website or is intended for future publication. Following the Commissioner’s intervention in this matter, the Council determined that parts of its Brexit Readiness Review document should be withheld in reliance on section 41(1) of the FOIA because that information had been provided to the Council by third parties with the expectation of confidence. The Commissioner has decided that Wiltshire Council has correctly applied the exemption provided by section 21 of the FOIA to the information requested by the complainant which was already published on the Council’s website at the time it received the request. The Commissioner has decided that the Council was wrong to rely on the section 22 exemption regarding the publication of its Brexit Readiness Review, as the Council did not have the settled intention to publish that document in full. The Commissioner has also decided that the Council has correctly applied the exemption provided by section 41(1) of the FOIA to information it received from third parties in their expectation that the information was given in confidence.

FOI 21: Complaint not upheld FOI 41: Complaint not upheld FOI 22: Complaint upheld

Decision notice: fs50885697