Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Welsh Government (Central government) [2021] UKICO IC-55414 (5 October 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-55414.html
Cite as: [2021] UKICO IC-55414

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Welsh Government

The complainant requested various information in respect of a report produced by the Wales Animal Health and Welfare Framework Group and published in March 2020 concerning a review of the Animal Welfare (Dog Breeding) (Wales) Regulations 2014. The Welsh Government provided some information but refused to provide information in respect of vets on the basis of section 40(2) (third party personal information) of the FOIA. It further stated that any additional information falling within the scope of the request was not held by the Welsh Government but by a Task and Finish Group. Following the Commissioner’s investigation the Welsh Government conceded that this information was held on its behalf, and whilst it provided redacted copies of some additional information it continued to rely on section 40(2) of the FOIA, and also cited section 38(1)(a) and (b) (health and safety) and section 43 (commercial interests) of the FOIA, to refuse the names of the veterinary practices where the vets who contributed to the research were employed. The Commissioner’s decision is that the Welsh Government has now complied with its obligations under section 1(1) of the FOIA, that it was entitled to rely on both section 40(2) and section 38(1)(a) and (b) of the FOIA. As she has concluded that section 38 is engaged, she has not gone on to consider the Welsh Government’s reliance on section 43 of the FOIA. Due to the late disclosure of some relevant information, the Commissioner has also recorded a breach of section 10(1) of the FOIA.

FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 38: Complaint not upheld FOI 1: Complaint not upheld

Decision notice: IC-55414