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Decision Summary

  • Case Ref: FS50191352
  • Date: 2 February 2010
  • Public Authority: Ministry of Defence
  • Summary: The complainant made a request for information about an investigation in which the Ministry of Defence (the “public authority”) was involved. The information requested, which was a report written by British Telecom (“BT”) and passed to the public authority, was originally withheld under the exemptions in section 30 (investigations and proceedings conducted by public authorities) and 43 (commercial interests) of the Freedom of Information Act 2000 (the “Act”). This was subsequently amended to sections 30 and 41 (information provided in confidence). During the investigation the public authority also ‘reserved the right’ to rely on section 40(2) (personal information) and amended the subsections of section 30 that it was relying on. The Commissioner’s decision is that the exemption at section 30 is engaged, but that the public interest in maintaining the exemption does not outweigh that in disclosure in relation to some of the information. He finds that section 41 is not engaged in respect of the remaining information. The complaint is therefore partly upheld.
  • View PDF of Decision Notice: [1]