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Foreign, Commonwealth & Development Office (Central government) [2022] UKICO 132361 (29 September 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/132361.html
Cite as:
[2022] UKICO 132361
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Foreign, Commonwealth & Development Office
The complainant submitted a request to the Foreign, Commonwealth and Development Office (FCDO) for copies of correspondence between the FCDO in the US and BP staff in relation to COP26 and associated initiatives. The FCDO refused to provide any of the requested information, citing the commercial interest’s exemption under section 43(2) of FOIA as its basis for doing so. The Commissioner determined that the request fell to be considered under the EIR. Having considered the application of regulation 12(5)(e) – adverse effect on the confidentiality of commercial interests – which has similarities to section 43(2) FOIA, he is satisfied that the information was withheld correctly. However, the FCDO breached regulation 5(2) since it responded outside the statutory period of 20 working days. The Commissioner does not require any steps to be taken as a result of this decision notice.
EIR 12(5)(e):
Complaint not upheld
Decision notice:
132361