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Central Bedfordshire Council

  • Date 26 September 2013
  • Sector Local government
  • Decision(s) FOI 41: Upheld, FOI 43: Upheld
The complainant has requested the winning tender amounts per route per day relating to a home to school transport tender carried out by the council. The council claimed that the information was exempt under section 43(2) (commercial interests). During the course of the Commissioner's investigation it also applied section 41 (information in confidence). The Commissioner’s decision is that Central Bedfordshire Council was not correct to apply section 43(2) to the information. The Commissioner has also decided that the council was not correct to apply section 41 to the information. Although the information is held under a duty of confidence, the Commissioner considers that the public interest in the information being disclosed would prevent a breach of that duty being actionable. The Commissioner requires the public authority to disclose the information to the complainant.