Department for Energy Security & Net Zero

The complainant has requested information on the processing of a particular FOI request made by a third party. The public authority formerly known as the Department for Business, Energy and Industrial Strategy (“BEIS”) relied on the exemptions at FOIA section 35(1)(d) – information relating to the operation of any Ministerial office, section 36(2)(b) & (c) – prejudice to the effective conduct of public affairs and section 40(2) – personal information. The Commissioner’s decision is that the public authority is entitled to engage section 35(1)(d) and section 36(2)(b) and (c) to withhold the requested information, however the public interest favours disclosure. He considers that section 40(2) has been appropriately applied to the redactions in the limited information disclosed to the complainant. He would expect the same redactions to be made when disclosing any further information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information withheld in reliance of section 35(1)(d) and 36(2)(b)(i) & (ii) and (c).