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North East Procurement Organisation
The complainant requested a blank copy of the NEPO2 framework agreement from NEPO. NEPO provided some of the information however it withheld sections of the framework on the basis that sections 43(1) (trade secret), 43(2) (commercial interests) and section 40(2) (personal information) applied. During the course of the Commissioner's investigation, NEPO agreed to disclose further information to the complainant, however, by the date of this notice, it had not done so. The Commissioner’s decision is that NEPO was not correct to apply section 43(1) to withhold the information. Taking into account NEPO’s agreement to disclose further information to the complainant, however, the Commissioner has decided that it was correct to apply section 43(2) to withhold the remaining information. The complainant did not request that the Commissioner consider the council’s application of section 40(2) to redact personal data. The Commissioner therefore requires NEPO to take the following steps to ensure compliance with the legislation. Disclose the additional information to the complainant which NEPO indicated to the Commissioner could now be disclosed.
FOI 43:
Complaint upheld
FOI 43(2):
Complaint not upheld
Decision notice: ic-89948
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-89948.html