Ofgem
- Date 18 April 2023
- Sector Other
- Decision(s) FOI 40: Upheld, FOI 44: Upheld
The complainant requested information from the Office of Gas and Electricity Markets (Ofgem) relating to secondments to Ofgem.
The Commissioner’s decision is that Ofgem is not entitled to rely on section 40(2) (personal information) or section 44 (prohibitions on disclosure) of the FOIA to refuse to provide the withheld information.
The Commissioner requires Ofgem to take the following steps to ensure compliance with the legislation.
Disclose the withheld information.
Ofgem 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 FOIA and may be dealt with as a contempt of court. Information Tribunal FTT EA/2023/0256 appeal withdrawn.