Defra

The complainant has requested an investigatory report written by the Department for the Environment, Food & Rural Affairs (“Defra”). Defra refused to provide this information and withheld the entirety of the report under sections 41(1) (information provided in confidence) and section 40(2) (personal information). The Commissioner’s decision is that Defra has correctly applied section 41 and section 40(2) to the withheld information. The Commissioner has additionally found that section 40(1) applied to the withheld information and was therefore exempt from disclosure under the FOIA. She has also decided that Defra breached section 17(1) of the FOIA by not issuing a refusal notice stating what exemptions were being relied on within 20 working days. The Commissioner requires no steps to be taken.