Birmingham City Council (Local government) [2022] UKICO 125904 (31 October 2022)
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Birmingham City Council
The complainant requested information from Birmingham City Council (“the Council”) about a contract for the provision of international genealogy services and the associated procurement process. The Council disclosed some information within the scope of the request but withheld some information under section 40(2) of FOIA (the personal information exemption), section 42(1) of FOIA (the legal professional privilege exemption) and section 43(2) of FOIA (the commercial interests exemption).The Commissioner’s decision is that the Council has correctly applied section 40(2) to some, but not all, of the information withheld on this basis; the Council has correctly applied section 42(1) to some, but not all, of the information withheld on this basis; the Council has failed to demonstrate that section 43(2) is engaged in respect to the information withheld on this basis. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose the information withheld under section 40(2) which is already in the public domain (the names of the relevant Assistant Procurement Manager and the Service Manager for the relevant Council service area); disclose the information withheld under section 42(1) which the Commissioner has decided, as indicated in paragraph 49 of this notice, is not exempt under section 42(1); disclose the information withheld under section 43(2).
FOI 43(2):
Complaint upheld
FOI 40(2):
Complaint partly upheld
FOI 42(1):
Complaint partly upheld
Decision notice: 125904
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URL: http://www.bailii.org/uk/cases/UKICO/2022/125904.html
