London Borough of Havering

The complainant has requested, from the London Borough of Havering (the Council), the make and model of a CCTV camera at a specified location. The Council told the complainant that it doesn’t hold the information. However, during the Commissioner’s investigation, the Council’s position changed. The Council is now relying on section 43(2) of FOIA (the commercial interests exemption) to withhold the requested information. The Commissioner’s decision is that the Council has failed to demonstrate that section 43(2) is engaged, and that consequently the Council isn’t entitled to withhold the requested information. The Commissioner therefore requires the Council to disclose the requested information, to ensure compliance with the legislation.