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Information Commissioner's Office

  • Date 14 October 2019
  • Sector Other
  • Decision(s) FOI 31: Not upheld, FOI 32: Not upheld, FOI 42: Not upheld

The complainant has requested a copy of a monetary penalty notice (MPN) issued to STS Commercial Ltd and information associated with STS Commercial’s appeal against the MPN.  The ICO has withheld the relevant information it holds under section 31(1)(g) of the FOIA (law enforcement), section 32(1)(a) (court records) and section 42(1) (legal professional privilege). The Commissioner’s decision is as follows: The ICO is entitled to withhold the requested MPN under section 31(1)(g) of the FOIA by virtue of subsection 31(2)(c), and the public interest favours maintaining the exemption. The Grounds of Appeal document that the ICO holds is exempt information under section 32(1)(a). The ICO is entitled to withhold the recorded discussions with its solicitors and its external counsel under section 42(1) and the public interest favours maintaining the exemption. The Commissioner does not require the ICO to take any remedial steps.