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You are here: BAILII >> Databases >> Information Commissioner's Office >> Oxford Direct Services Ltd (Other) [2024] UKICO 265717 (18 April 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/265717.html
Cite as: [2024] UKICO 265717
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Oxford Direct Services Ltd
The complainant requested information held by Oxford Direct Services Ltd (ODSL) relating to all tender exercises that have involved 1st Choice Scaffolding. ODSL disclosed only part of the information requested by the complainant. It refused to provide the remaining information held, citing section 21 – information reasonably accessible by other means, section 43(1) – trade secret, and section 43(2) – commercial interests, of FOIA. At the internal review stage, ODSL withdrew its reliance on the exemption at section 43(1) of FOIA. The Commissioner’s decision is that whilst ODSL is entitled to refuse part of the request under section 21, it did not comply with its section 16 obligation to offer advice and assistance. The Commissioner has also decided that ODSL is entitled to rely on section 43(2) in respect of only part of the withheld information. As ODSL also failed to confirm that it had considered the public interest test in respect of section 43(2), both in its original response to the request and its internal review response, the Commissioner has found a breach of section 17(3) of FOIA. The Commissioner requires ODSL to disclose that part of the withheld information provided separately to this decision notice, with the exception of that information that is either highlighted in green (which ODSL is entitled to withhold under section 43(2)), or contains the name or contact details of any individual (personal information). He also requires ODSL to provide appropriate advice and assistance to the complainant which will allow them to reasonably access the information published on ODSL’s website that is relevant to part 2 of the request. FOI Section 21: Complaint upheld, FOI Section 43(2): Complaint Upheld, FOI Section 17(3); Complaint UpheldFOI 21: Complaint upheld FOI 43(2): Complaint upheld FOI 17(3): Complaint upheld
Decision notice: 265717