British Film Institute

The complainant has requested, from the British Film Institute (BFI), information about particular funding applications. BFI issued a revised response to the complainant, during the Commissioner’s investigation, in which BFI disclosed further information. However, BFI continues to withhold other information, on the basis of sections 40(2) and 43 of FOIA (the personal information and commercial interests exemptions). The Commissioner’s decision is that BFI is correct to withhold personal data under section 40(2), but has failed to demonstrate that section 43(2) is engaged for the information that BFI is withholding under that exemption. The Commissioner therefore requires BFI to disclose the information that BFI is withholding under section 43(2) of FOIA (subject to any appropriate redactions for personal data). BFI must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.