Transport for Wales
- Date 27 March 2023
- Sector Other
- Decision(s) FOI 1: Not upheld, FOI 10(1): Upheld, FOI 17: Upheld, FOI 21: Not upheld, FOI 40(2): Not upheld, FOI 41: Not upheld
The complainant requested various information in respect of an Accessibility Email Group (the AEG) from Transport for Wales (TfW). TfW confirmed that it did not hold some information and refused the remainder of the request on the basis of section 40(2) (personal information), section 41 (information provided in confidence), and section 21 (information accessible to the applicant by other means) FOIA. During the course of the Commissioner’s investigation, TfW disclosed redacted copies of some of the emails to the complainant. The Commissioner’s decision is that TfW has complied with its obligations under section 1(1) FOIA and that it was entitled to rely on section 40(2), section 41 and section 21 for the information it does hold. However, its failure to disclose the redacted copies of some of the emails until recently, represents a breach of section 10(1) FOIA. Additionally, the Commissioner has also recorded a breach of section 17(1) as a result of TfW’s failure to issue its refusal notice within the required timescales.