National Portrait Gallery

The complainant has requested information relating to any amendments made to the sponsorship agreement for the BP Portrait Award. The National Portrait Gallery (‘the gallery’) refused to disclose the requested information citing section 43(2) (commercial interests) of the FOIA. The Commissioner’s decision is that section 43(2) does not apply to all of the information that the gallery is withholding. The Commissioner therefore requires the public authority to take the following steps to ensure compliance with the legislation: To disclose the information which does not engage the exemption provided by section 43(2). This information is identified in a confidential annex which has been provided solely to the gallery. The gallery must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0357 appeal withdrawn.