Rotherham Council FOI Exemption Upheld by ICO

ICO Decision Notices

Filed March 19th, 2026

Detected March 25th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has decided that Rotherham Metropolitan Borough Council correctly applied the section 43(2) exemption under the Freedom of Information Act (FOIA) to withhold information regarding operator costs at Forge Island. The ICO found that the public interest favoured maintaining this exemption.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice upholding Rotherham Metropolitan Borough Council's refusal to disclose information concerning operator costs at Forge Island. The council cited section 43(2) of the Freedom of Information Act (FOIA), which relates to commercial interests, as the basis for withholding the data. The ICO's decision confirms that the council's application of this exemption was correct and that the public interest supports maintaining the confidentiality of the information.

This decision means that Rotherham Council is not required to take any further steps regarding this specific information request. For other public bodies, this decision reinforces the conditions under which the section 43(2) exemption can be lawfully applied to protect commercial interests, indicating that a thorough public interest test is crucial when considering disclosure requests that may impact such interests.

Source document (simplified)

Rotherham Metropolitan Borough Council

Date 19 March 2026
Sector Local government
Decision(s) FOI 43(2): Not upheld The complainant submitted a request to Rotherham Metropolitan Borough Council (the council) for information relating to the costs to the council for each operator at Forge Island. The council refused to disclose the requested information, cutting section 43(2) (commercial interests) of FOIA as its basis for doing so. The Commissioner’s decision is that the council has correctly applied section 43(2) of FOIA to withhold the requested information, and that the public interest favours maintaining the exemption. The Commissioner does not require further steps as a result of this decision notice.