British International Investment

The complainant has requested a particular document regarding the investment management group Abraaj from British International Investment PLC (BII). BII provided some information but refused to provide all of it, citing sections 36, 40(2) and 43(2) of FOIA. The Commissioner’s decision is that, although section 36 of FOIA is engaged, the public interest favours the disclosure of the withheld information. He has also decided that section 43(2) is engaged but that the public interest favours disclosure except for the information specified below. BII also breached sections 1 and 10 of FOIA by responding late and releasing information beyond the time for compliance. The Commissioner requires BII to take the following steps to ensure compliance with the legislation.
• Disclose the information BII withheld under section 36 of FOIA.
• Disclose the information BII withheld under section 43(2) of FOIA with the exception of the information withheld under that exemption on p.2 and p.11.
After the decision notice was issued, British International Investment disputed that it had responded to the complainant beyond the statutory timeframe. The public authority then provided the Commissioner with correspondence it had sent to the complainant where it had stated that it needed to extend the time it required in order to consider the public interest. However, the ICO cannot withdraw or amend a decision notice after we have issued it. British International Investment has the right to Appeal.