Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cabinet Office (Central government) [2023] UKICO 120941 (31 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/120941.html
Cite as: [2023] UKICO 120941

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Cabinet Office

The complainant has requested communications between the office of Michael Gove (then Minister for the Cabinet Office) and the businessman David Meller, and Meller Designs Limited. The Cabinet Office originally withheld all of the information requested under sections 35 (formulation or development of government policy), 43(2)(prejudice to commercial interests) and 40(2)(third party personal data). During the Commissioner’s investigation the Cabinet Office revised their position and provided the complainant with a partial (redacted) disclosure of the information requested. The Commissioner’s decision is that section 35(1)(a) is engaged in respect of the residual withheld information but that the balance of the public interest favours disclosure of the information. The Commissioner has found that section 43(2) is not engaged to some of the residual withheld information. In respect of the parts of the information where the Commissioner has found that section 43(2) is engaged, the Commissioner considers that the public interest in maintaining the exemption outweighs the public interest in disclosure of the specific information. The Commissioner has found that section 40(2) is not engaged in respect of Mr Meller’s named information. The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation. Disclose to the complainant the information (as specified in a Confidential Annex attached to this notice) which is not exempt under section 43(2) and section 40(2). The Cabinet Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.

FOI 35(1)(a): Complaint upheld FOI 43(2): Complaint partly upheld FOI 40(2): Complaint upheld

Decision notice: 120941