Department for Business and Trade

The complainant has requested information on an appeal submission with regard to the refusal of an exporter’s application to export goods to China. In response DBT provided redacted information and withheld other information in the scope of the request. DBT relied on FOIA sections 21 – information accessible to the applicant by other means, 40(2) - personal information, 36(2)(b)(i) and (ii) – prejudice to effective conduct of public affairs and 42(1) – legal professional privilege. The Commissioner’s decision is that DBT is entitled to rely on FOIA sections 21, 40(2), 36(2)(b)(i), 36(2)(b)(ii) and 42(1) to withhold part of the requested information. The Commissioner finds that DBT has breached FOIA section 10(1) (time for compliance) by failing to provide the complainant with some information within the scope of the request within 20 working days. It has also breached FOIA sections 17(1)(b) by failing to identify within 20 working days which exemptions it was relying on and 17(3) in delaying the provision of its refusal notice.. The Commissioner does not require further steps.