Department For Transport

The complainant has requested information related to the delivery of Arterio trains. The above public authority relied on section 43(2) of FOIA (commercial interests) to withhold the information. The Commissioner’s decision is that the public authority has not demonstrated that section 43 is engaged and consequently is not entitled to rely on that information. 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 43 of FOIA to withhold.