HS2 Ltd

The complainant has requested the names of the parties that had entered into non-disclosure agreements (“NDAs”) with HS2. HS2 refused to disclose the information citing section 36 (opinion of the qualified person), section 41 (confidential information) and section 40(2) personal information. The Commissioner’s decision is that section 41 is not engaged. Although the exemption at section 36 is engaged, the public interest favours disclosure of the requested information. The Commissioner has also found that personal information has been correctly withheld under section 40(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.

• Disclose the names of the parties that signed NDAs, apart from the names of individuals that signed them in their personal capacity. Where an individual has signed on behalf of an organisation their name should be redacted, leaving only the organisation’s name.