Health and Safety Executive

The complainant has requested copies of a board paper on co-regulation. The above public authority relied on section 35 of FOIA (formulation or development of government policy) to withhold the information. The Commissioner’s decision is that the public authority is not entitled to rely on section 35, as it is not a government department. It has not demonstrated that section 36 is engaged either. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information it has relied on section 35 of FOIA to withhold. The public authority may make appropriate redactions to comply with its data protection obligations.