Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Royal Borough of Kingston upon Thames (Local government) [2022] UKICO 109554 (7 July 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/109554.html
Cite as: [2022] UKICO 109554

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Royal Borough of Kingston upon Thames

The complainant requested information from the Royal Borough of Kingston upon Thames (“the Council”) about its relationship with a property guardianship company, Global Guardians. The Council initially refused to provide any of the requested information, citing the commercial interests exemption under section 43(2) of FOIA as its basis for doing so. Subsequently, during the course of the Commissioner’s investigation, the Council disclosed some of the requested information. However, it continued to withhold some information citing the commercial interests exemption under section 43(2) of FOIA and the personal information exemption under section 40(2) of FOIA. The Commissioner’s decision is that the Council has correctly relied on section 43(2) and that the balance of the public interest favours maintaining this exemption. In addition his decision is that the Council has correctly relied on section 40(2) to withhold a copy of the signature of the Head of Housing but that the Council cannot rely on this exemption to withhold the name of the Head of Housing who signed the agreement with Global Guardians. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose the name of the Head of Housing who signed the agreement with Global Guardians.

FOI 43(2): Complaint not upheld FOI 40(2): Complaint partly upheld

Decision notice: 109554