Department for Environment Food and Rural Affairs (Central government) [2023] UKICO 219205 (1 September 2023)
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Department for Environment Food and Rural Affairs
The complainant has requested information held by the Department for Environment, Food and Rural Affairs (Defra) about a trip made to the United States of America (US) in April 2022, by the then Secretary of State for Defra, George Eustice. Whilst Defra provided the complainant with some information, it advised that any remaining information relevant to the request was exempt from disclosure under section 35(1)(a) - government policy, section 27(1)(a) - international relations, and section 29(1)(a) – the economy, of FOIA. Defra later advised the Commissioner that it was also withholding some information under section 40(2) – personal data, of FOIA. The Commissioner has decided that Defra correctly applied sections 27(1)(a), 29(1)(a) and 35(1)(a) to different parts of the withheld information, finding in each case that the balance of the public interest favoured maintaining the exemption. However, the Commissioner considers that section 40(2) is engaged in respect of only a very limited set of information.The Commissioner has also found that some information which Defra did not consider to be subject to the exemptions cited, should have been released to the complainant in response to their request; Defra’s failure to disclose such information is a breach of section 1(1)(b) of FOIA. The Commissioner requires the release of the information which he has found Defra is not entitled to withhold under the exemptions it has cited.
FOI 35(1)(a):
Complaint not upheld
FOI 40(2):
Complaint partly upheld
FOI 27:
Complaint not upheld
FOI 29(1)(a):
Complaint not upheld
FOI 1(1)(b):
Complaint upheld
Decision notice: 219205
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URL: http://www.bailii.org/uk/cases/UKICO/2023/219205.html
