Office of Fair Trading

The complainant requested information about the content of any communications from the Department for Business, Enterprise and Regulatory Reform (BERR) to the Office of Fair Trading (OFT) in relation to an article in The Independent newspaper about credit card companies and the cost of borrowing. The OFT confirmed it held the requested information but refused to disclose it citing the exemptions in sections 31(1)(g), 31(2)(c) (law enforcement) and 35(1)(a) (formulation / development of government policy) of the Freedom of Information Act 2000. Some information was disclosed during the course of the Commissioner’s investigation. However, the OFT refused to provide the remainder on the basis that it was exempt from disclosure by virtue of sections 31(1)(g), 31(2)(a) and (c), 35(1)(a) and additionally section 44 (prohibitions on disclosure).The Commissioner has found that the exemptions were applied correctly but that procedural breaches occurred.