Department for Transport

The complainant has requested minutes of the Department for Transport’s board meetings for the last 18 months. The DfT refused the request under section 35 – formulation and development of government policy. During the course of the Commissioner’s investigation the DfT release some information but also applied section 36 – prejudice to the conduct of public affairs to some of the information it continued to withhold. A small amount of information was also withheld under section 40 on the basis that it was the personal data of the attendees. The complainant has not contested the application of section 40.  The Commissioner’s decision is that the only a limited amount of information can be withheld under section 35. A larger amount of information can be withheld under section 36. The information that can be withheld has been identified in an annex to this notice. The Commissioner requires the public authority to disclose all the information currently being withheld from the minutes apart from that identified in the annex or which is being withheld under section 40.