The complainant requested information from the BBC in relation the spending on radio stations and radio budgets. The BBC refused to provide this information on the basis that it was held for the purpose of journalism, art or literature. During the course of the investigation the BBC also sought to rely on exemptions under the Act to withhold the information. The Commissioner has investigated and concluded that the BBC misapplied the Schedule 1 derogation and that the information requested falls within the scope of the Act. The Commissioner investigated the BBC’s application of the exemptions and found that some of the information was exempt from disclosure under section 12(1) of the Act and some of the information was exempt under section 43 of the Act. The Commissioner found that some of the information was not exempt under section 43, 40 or 41 of the Act and he now requires that the BBC disclose this information to the complainant. In not communicating this information to the applicant the BBC also breached section 1 of the Act. The Commissioner also found that some information was not held. Information Tribunal appeal number EA/2009/0015 allowed.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Upheld, FOI 41 – Complaint Upheld, FOI 43 – Complaint Partly Upheld
Citations:
[2009] UKICO FS50090393
Links:
Jurisdiction:
England and Wales
Information
Updated: 01 June 2022; Ref: scu.531924
