Equality and Human Rights Commission

The complainant has requested information provided during a consultation. The above public authority relied variously on sections 36 (prejudice to the effective conduct of public affairs) and 41 of FOIA (breach of confidence) to withhold the requested information. The Commissioner’s decision is that the public authority was entitled to rely on section 36 of FOIA and that the balance of the public interest favours maintaining the exemption. The public authority breached section 17 of FOIA as it failed to identify, in its refusal notice, an exemption it later came to rely upon. The Commissioner does not require further steps.