Nottingham City Council (Local government) [2023] UKICO 258829 (29 November 2023)
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Nottingham City Council
The complainant requested information from Nottingham City Council (“the Council”) relating to the Council’s relationship (a twinning arrangement) with the city of Ningbo in China. The Council disclosed some information within the scope of the request, but refused to provide some information on the grounds that it was not held by the Council for the purpose of FOIA and withheld other information under section 43(2) of FOIA (commercial interests) and section 40(2) of FOIA (personal data). The Commissioner’s decision is that: the Council does not hold, for the purposes of FOIA, the information it has refused to provide on this basis; the Council is entitled to rely on section 43(2) of FOIA to refuse to provide some but not all of the information withheld on this basis; the Council is entitled to rely on section 40(2) of FOIA to refuse to provide the information withheld on this basis. The Commissioner requires the Council to disclose the following information, which the Commissioner has determined the Council is not entitled to withhold under section 43(2) of FOIA, to ensure compliance with the legislation: paragraph 7 of the joint letter (other than the final sentence, which relates to both universities); the statistics relating to NTU in the table at the end of the joint letter; paragraph 5 of page 4 of the joint impact assessment; copies of the emails exchanged with UoN (excluding the attachments), appropriate redactions should be made in relation to personal data.
FOI 43(2):
Complaint partly upheld
FOI 40(2):
Complaint not upheld
FOI 3:
Complaint not upheld
Decision notice: 258829
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URL: http://www.bailii.org/uk/cases/UKICO/2023/258829.html