BBC

The complainant requested a copy of all contracts and relevant documents in force at the time of his request between the British Broadcasting Corporation (the “BBC”) and Capita Business Services Ltd (“Capita”) and the BBC and iQor/Revenue Management Services Ltd (referred to in this decision notice as “RMS”) which related to the enforcement of the television licensing system and the collection of television licence fees. Although a redacted copy of these two contracts was provided to the complainant he remained dissatisfied with the redactions made. The Commissioner has determined that section 43(2) is engaged in relation to the commercial interests of RMS and the BBC as disclosure would be likely to be prejudicial to either party. He also accepts that section 43(2) is engaged in relation to the commercial interests of Capita and the BBC. However he considers that the public interest in maintaining the exemption does not outweigh the public interest in disclosing the information in the case of both contracts. He has therefore ordered that the requested information be disclosed to the complainant. The Commissioner has determined that the BBC’s application of section 43(1) to the RMS contract is not engaged and has therefore ordered that the requested information be disclosed to the complainant. The Commissioner has also determined that the BBC incorrectly applied section 31 to the requested information in respect of the RMS and Capita contract as he does not find this exemption to be engaged. Additionally the BBC cited section 38 but the Commissioner has determined that this exemption is not engaged. In relation to the application of section 40(2) the Commissioner accepts that this information was correctly withheld. The Commissioner also finds that the BBC has not met the requirements of sections 1(1)(b),10(1) and 17(1)(b) in its handling of the request.