Foreign &
Commonwealth
Office
2 February 2009
Zimbabwe Unit
Africa Department
By e-mail:
[FOI #4613 email]
LONDON SW1A 2AH
Tel:
Fax:
E-mail: [email address]
Dear Mr Nash,
FREEDOM OF INFORMATION REQUEST – 0978-08
Thank you for your FOI request dated 8 December 2008. We are now in a position to provide
you with a response to your request for information.
Your request read as follows:
Please can you provide me with any information you hold on Mr
Nicholas Van Hoogstraten especially in relation to his companies in
Zimbabwe.
We have conducted a search of our records and identified a number of papers regarding your
request.
There is media reporting relating to your request which is in the public domain. Under
Section 21 of the Freedom of Information Act documents which are available by other means
are exempt. However, I can attach a link to the information for your convenience.
www.timesonline.co.uk/tol/news/world/africa/article3261404.ece
Some
of
the
information you have requested is exempt under Section 35(1)(a) - the formulation of
government policy. This exemption requires the application of a public interest test. It is
recognised that there is a public interest in the greater transparency in the decision making
process to ensure accountability within public authorities. However, officials need to be able
conduct assessments of their policies and programmes including considerations of the pros
and cons without there being premature disclosure which much close off better options and
inhibit the free and frank discussion of all policy options. For these reasons we consider that
public interest in maintaining this exemption outweighs the public interest in disclosure.
Some of the information you have requested, is personal data relating to third parties, the
disclosure of which would contravene one of the data protection principles. In such
circumstances sections 40(2) and (3) of the Freedom of Information Act apply. In this case,
our view is that disclosure would breach the first data protection principle. This states that
personal data should be processed fairly and lawfully. It is the fairness aspect of this principle
which, in our view, would be breached by disclosure. In such circumstances s.40 confers an
absolute exemption on disclosure. There is, therefore, no public interest test to apply.
If you have any queries about this letter, please contact me. Please remember to quote the
reference number above in any future communications.
If you are unhappy with the service you have received in relation to your request and wish to
make a complaint, or request a review of our decision, you should write to me at the above
address. You have 40 working days to do.
If you are not content with the outcome of that internal review, you may apply directly to the
Information Commissioner for a decision. Generally, the ICO cannot make a decision unless
you have exhausted the complaint procedure provided by the Foreign and Commonwealth
Office. The Information commissioner can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Nadia Ramrayka
Zimbabwe Unit