Information Commissioner's Office

Bexley London Borough Council

4 February 2008, Local government (Borough council)

The complainant requested information on the commission payments made by investment managers on behalf of the London Borough of Bexley (“the Council”). The Council supplied the majority of the information requested however claimed that the information it had redacted (names of brokers used by one particular investment manager) was exempt on the basis that the exemptions in section 43(2) (commercial interests) and section 41 (information held in confidence) applied. The Commissioner's decision is that the exemption in section 43 was engaged by the information however the public interest in disclosing the majority of the information overrides the public interest in maintaining the exemption. He also decided that the exemption in section 41 was partially applicable, however the public interest defence inherent in the common law of confidence also meant that a disclosure of the majority of the information would not be actionable in law. The exemption was not therefore engaged by this information. The Commissioner’s decision in this case is that the Council has already provided the information to which the complainant is entitled and therefore it is not required to take any further steps in respect of this complaint.

FOI 43: Not upheld