Mr David Reger
By email:
[FOI #23268 email]
Our ref
IAT/FOIA/73581
Direct Line
020 7211 8424
Date
26 November 2009
Email
[email address]
Dear Mr Reger
Freedom of Information Act Request 2000 – Primemark Consumer Products Ltd
Thank you for your email of 16 November 2009 requesting information relating to
Primemark Consumer Products Ltd.
We are treating your request for information in accordance with the terms of the Freedom
of Information Act 2000 (FoIA) and the disclosure provisions of the Enterprise Act 2002
(EA02).
Unfortunately your request for information about Primemark Consumer Products Ltd is
exempt from the right of access under the FoIA for the reasons detailed below, and
therefore I am unable to provide you with the information you have requested.
Complaints information about a business or individual including: whether or not the OFT
has received any complaints, the details of those complaints, or the number of complaints,
is exempt under section 44(1)(a) of the FoIA because it is information whose disclosure is
prohibited under Part 9 of the EA02.
Section 44(1)(a) of the FoIA provides an absolute exemption from disclosure of complaints
information where the public authority holding it is prohibited by or under any other
enactment from disclosing that information. Sections 237 and 238 of the EA02 prohibit
the disclosure of specified information except in very limited circumstances. Specified
information is information which comes to a public authority in connection with the
exercise of its functions under the EA02 and other specified legislation. Complaints
information that is received by the OFT and/or Consumer Direct, including the details or
the number of complaints about a particular company or trader, is received in the course of
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London EC4Y 8JX
Switchboard: (020) 7211 8000
www.oft.gov.uk
the performance of our functions under the EA02 and is therefore subject to the
exemption on disclosure in Section 44(1)(a) of the FoIA.
The duty under Section 1(1)(a) of the FoIA which states:
‘Any person making a request for information to a public authority is entitled (a) to
be informed in writing by the public authority whether it holds information of the
description specified in the request’
oes not a
d
pply by virtue of Section 44(2) of the FoIA which states:
‘The duty to confirm or deny does not arise if the confirmation or denial that would
have to be given to comply with Section 1(1)(a) of the FoIA would fall within
Section 44(1)(a-c).’
isclosure under
D
Part 9
The Enterprise Act 2002 (Disclosure of Information for Civil Proceedings etc) Order 2007
which came into effect on 1 October 2007 and which amends Part 9 EA02 referred to
above does, however, provide a gateway for the disclosure of certain information but only
for the purposes of civil proceedings in which the person requesting information is a
consumer in relation to the proceedings. In order to assess the applicability of this
particular gateway, to allow any disclosure of specified information, we would need strong
evidence to show that such proceedings are either under way or in contemplation.
peals procedure
Ap
If you wish to complain about the way in which your request for information has been
handled, you may seek an internal review by writing to:
The Internal Review Co-ordinator
Room GS 3
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
You may alternatively send an e-mail to [email address]
2
We will deal with your complaint within 25 working days of receipt or, if this is not
possible, advise you of a date by which we expect to have completed a review of your
complaint.
If you remain dissatisfied with the OFT's response you have the right to complain to:
The Information Commissioner
FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SX9 5AF
Yours sincerely
Mrs P D Shah
Consumer Direct
Office of Fair Trading
3
