Department of Health and Social Care
- Date 24 May 2024
- Sector Central government
- Decision(s) FOI 35: Upheld, FOI 43: Upheld
The complainant has requested a list of responders to a consultation on planned advertising restriction for foods high in fat, salt and sugar along with the submissions from these responders. The DHSC provided the list of responders and the request was refined to the first five pages of submissions which the DHSC provided in redacted form with information exempt under section 35(1)(a) and 43(2) FOIA. The Commissioner’s decision is that the DHSC has failed to demonstrate that the section 43(2) exemption is engaged. Section 35(1)(a) is engaged but the public interest favours disclosure. The Commissioner requires DHSC to provide the complainant with a copy of the information it withheld from the submissions under section 35(1)(a) and 43(2).