Department for Business & Trade (DBT)

The complainant has requested information about the (then) Duke of York’s work as UK’s Special Representative for International Trade and Investment in 2009. The Department for Business and Trade (DBT) originally provided some of the requested information with redactions and relied on section 21 (information accessible by other means), section 27 (international relations), section 40(2) (third party personal information), section 41 (provided in confidence) and section 43 of FOIA (commercial information to withhold the redacted information. During the Commissioner’s investigation, DBT identified that it held more information within scope of the request and changed its position to rely on section 12(1) of FOIA (cost limit) to refuse the request. The Commissioner’s decision is that DBT was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner also finds that – in relation to this - DBT complied with its section 16 obligation to offer advice and assistance. However, the Commissioner finds that DBT breached sections 1(1)(a), 10 and 17(1) by failing to provide the requested information or an appropriate refusal notice within 20 working days. It also breached section 17(3) by failing to carry out its PIT considerations within a reasonable timeframe, and section 17(5) of FOIA by failing to issue a section 12 refusal notice within the statutory timescale. The Commissioner does not require further steps.