The complainant submitted a request to the London Borough of Barnet (the Council) seeking copies of legal agreements between it and Saracens Copthall LLP concerning a loan to finance a replacement west stand as part of its Allianz Park stadium. The Council initially withheld the requested agreements in full on the basis of sections 43(2) (commercial interests) of FOIA. During the course of the Commissioner’s investigation the Council provided the complainant with redacted versions of the documents with the exemptions contained at sections 38 (health and safety), 40(2) (personal data) and 43(2) of FOIA being used to withhold the information. The complainant challenged the use of these exemptions. The Commissioner’s decision is that the remaining redacted information is exempt from disclosure on the basis of sections 40(2) or 43(2) of FOIA and that in relation to the information withheld under section 43(2) the public interest favours maintaining that exemption.
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