Harlow Council (Local government) [2020] UKICO IC-48291-P1V4 (11 September 2020)
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Harlow Council
The complainant requested information about a tendering process from Harlow Council (“the Council”). The Council provided some information outside the FOIA, which has not been considered in this notice. It provided other information under the FOIA, but made redactions under section 40(2) of the FOIA – third party personal data, section 41(1) of the FOIA – information provided in confidence – and/or section 43(2) of the FOIA – commercial interests. It also withheld some information in its entirety, under the latter two exemptions. The complainant wished the Commissioner to consider the information withheld under sections 41(1) and/or section 43(2). The Commissioner was also asked to consider whether certain correspondence, considered by the Council to fall outside the scope of the request, should have been considered for disclosure in response to the request. The Commissioner’s decision is that the Council correctly withheld the information identified at paragraph 18 of this notice, under section 41(1) of the FOIA, and she does not require any steps to be taken in respect of this information. She has also determined that the correspondence identified at paragraph 54 of this notice fell within the scope of the request, and should therefore have been considered for disclosure. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: consider the information identified in paragraph 54 of this notice, and issue a fresh response to the complainant in respect of this information.
FOI 1(1):
Complaint upheld
FOI 41(1):
Complaint not upheld
Decision notice: IC-48291-P1V4
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-48291-p1v4.html
