Category: Information

BBC (Other) FS50798076: ICO 15 Mar 2019

The complainant has requested information about the Archers programme. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Complaint not upheld

Citations:

[2019] UKICO FS50798076

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 17 June 2022; Ref: scu.635049

BBC (Other) FS50802962: ICO 15 Mar 2019

The complainant has requested the listening figures for the Radio 2 Drivetime show. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Complaint not upheld

Citations:

[2019] UKICO FS50802962

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 17 June 2022; Ref: scu.635050

Home Office (Central Government) FS50763931: ICO 13 Sep 2018

The complainant requested information about financial bonuses paid to Home Office staff in relation to deportation targets. The Commissioner’s decision is that the Home Office has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Home Office to issue a substantive response to the request in accordance with its obligations under the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50763931

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 17 June 2022; Ref: scu.628412

Home Office (Central Government) FS50765904: ICO 13 Sep 2018

The complainant requested information regarding immigration bail conditions. The Commissioner’s decision is that the Home Office has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Home Office to issue a substantive response to the request in accordance with its obligations under the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50765904

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 17 June 2022; Ref: scu.628413

Post Office (Other): ICO 9 May 2017

The complainant made a request to the Post Office under the Re-use of Public Sector Information Regulations 2015 (ROPSI) to re-use the information in its ‘branch finder’ tool. The Post Office only permitted re-use under the Non-commercial Government Licence and the complainant also complained that it had failed to make the information available in a re-usable format. The Commissioner’s decision is that the Post Office breached regulation 12(2) by placing unnecessarily restrictive conditions on re-use. The Commissioner has also found that the Post Office breached regulation 11(1) by failing to make the information available in a machine readable format; regulation 8(1) by failing to respond to the request within a reasonable time; and regulation 17(3) by failing to complete an internal review within a reasonable time.
RPSI 12(2): Upheld RPSI 11(1): Upheld RPSI 8(1): Upheld RPSI 17(3): Upheld

Citations:

[2017] UKICO FS50630368

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 16 June 2022; Ref: scu.593714

Transport for London (Decision Notice): ICO 14 Nov 2011

The complainant requested information about the status of a piece of land, Transport for London’s (TfL) arrangement to clean it and its relevant cleaning policies under the Freedom of Information Act (‘the FOIA’). TfL didn’t respond in 20 working days and then took even longer to provide all the requested information. The complainant referred the delays to the Commissioner (‘the Information Commissioner’). The Commissioner considers that part of the information was environmental information and fell to be considered under the Environmental Information Regulations (‘the EIR’). He finds TfL’s failure to provide that information in 20 working days was a breach of Regulation 5(2). For the rest of the information, the Commissioner finds that TfL breached section 10(1) of the FOIA by not providing it within 20 working days. As the information has been provided, the Commissioner requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, EIR 5 – Complaint Upheld

Citations:

[2011] UKICO FER0419123

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 16 June 2022; Ref: scu.531116

Department for Culture Media and Sport (Central Government): ICO 4 Jul 2017

The complainant has requested information concerning Departmental meetings with BP plc and invitations issued to Ministers by BP plc to attend cultural events or performances. The Department for Culture, Media and Sport (DCMS) provided some information within scope of the request but withheld some information from the note of a meeting on 9 June 2015 between the Minister for Culture, Communications and Creative Industries and representatives of BP plc. DCMS withheld the information under Section 35(1)(a)(formulation or development of government policy) and Section 27(1) (prejudice to international relations). Section 35(1)(d)(the operation of any Ministerial private office) and Section 40(2) were also applied to a small amount of the withheld information. The Commissioner’s decision is that DCMS was entitled to rely on Section 35(1)(a) to withhold all of the withheld information and the balance of the public interest supported maintaining the exemption.
FOI 35(1)(a): Not upheld

Citations:

[2017] UKICO FS50636764

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 16 June 2022; Ref: scu.593837

Derby City Council (Local Government) FER0795038: ICO 5 Mar 2019

The complainant has requested information relating to a recycling contract. Derby City Council disclosed some information and withheld other information under the exception for commercial confidentiality – regulation 12(5)(e) of the EIR. The Commissioner’s decision is that Derby City Council has failed to demonstrate the regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.
EIR 12(5)(e): Complaint upheld

Citations:

[2019] UKICO FER0795038

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 14 June 2022; Ref: scu.635066

Leeds City Council (Local Government): ICO 20 Feb 2019

The complainant has asked the Leeds City Council for information relating to Boston Spa School’s application to become an Academy. The Council was initially unable to locate some information falling within the scope of the complainant’s request. Having carried out further searches, the Council found some relevant information and it subsequently disclosed this to the complainant. The Commissioner has decided that the Council has now complied with the requirements of section 1 of the FOIA and, on the balance of probability, it holds no further information relevant to the complainant’s request. The Commissioner has also decided that the Council has breached section 10 of the FOIA by disclosing relevant information after the twenty day compliance period required by that section.
FOI 10: Complaint upheld FOI 1: Complaint not upheld

Citations:

[2019] UKICO fer0780759

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 14 June 2022; Ref: scu.635004