HM Treasury

The complainant has requested correspondence sent by HM Treasury (“HMT”) to the polling company Hanbury Strategy regarding polling questions for a specific time period. HMT refused to provide it citing 35(1)(a) (formulation/development government policy), section 43(2) (commercial interests) and section 40(2) (personal data). HMT upheld this at internal review. The Commissioner’s decision is that the information which HMT cited was exempt under section 43(2) is out of the scope of the request. HMT is not entitled to rely on section 35(1)(a) in respect of some of the withheld information but is entitled to rely on section 35(1)(a) for other parts of it. HMT is also entitled to rely on section 40(2) for the personal data within the withheld information.The Commissioner requires HMT to take the following steps to ensure compliance with the legislation: Disclose the information set out in the Confidential Annex to this Notice.The public authority 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 Act and may be dealt with as a contempt of court.