Financial Conduct Authority
- Date 18 December 2014
- Sector Other
- Decision(s) FOI 31: Partly upheld, FOI 41: Partly upheld
The complainant has requested information on the approval process for Paul Flowers position as chairman of the Co-operative Bank. The FCA identified information within the scope of the request and considered this exempt on the basis of section 21, 22, 31, 44 and 40 of the FOIA.
The complainant agreed to withdraw his complaint about the application of the section 21 and 22 exemptions. Commissioner concluded that the section 44(1)(a) exemption, by virtue of section 348 of the Financial Services and Markets Act 2000, provided a basis for the withholding the majority of the information within the scope of the request. For the information not covered by the section 44(1)(a) exemption, the Commissioner has concluded that the section 31(2) exemption is not engaged and he now requires the FCA to disclose this information, as set out in the confidential annex, with appropriate redactions under section 40(2). The Commissioner requires the public authority to disclose the information as set out in the confidential annex which is not subject to the section 44 or 31 exemptions.