Category: Information

BBC (Other) FS50690052: ICO 31 Aug 2017

The complainant requested information about the selection of applicants for the audience of Question Time. 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: Not upheld

Citations:

[2017] UKICO FS50690052

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593914

BBC(Other) FS50691608: ICO 31 Aug 2017

The complainant has requested information relating to the companies or in-house departments commissioned by BBC Radio 4 to make each programme/series detailed in a particular list. The BBC said that the requested information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall within the scope of FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50691608

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593915

BBC (Other): ICO 8 Aug 2017

The complainant has requested information relating to the appointment of the Director of Radio and Education. The BBC refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the BBC has correctly applied section 40(2) of FOIA to the withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 40: Not upheld

Citations:

[2017] UKICO FS50685039

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593913

Cabinet Office (Central Government): ICO 30 Aug 2017

The complainant submitted a request (‘a meta-request’) to the Cabinet Office for all of the information it held in relation to how it handled a previous request he had submitted seeking information held on the cloud based platform Slack. The Cabinet Office sought to withhold the information falling within the scope of this meta-request on the basis of the following sections of FOIA: 21 (information reasonably accessible to the applicant); 36(2)(b)(i), (ii) and (c) (effective conduct of public affairs); and 40(2) (personal data). The Commissioner has concluded that section 21 has been applied correctly and that the names and contact details of junior staff are exempt from disclosure on the basis of section 40(2). However, the Commissioner has concluded that although sections 36(2)(b)(i), (ii) and (c) are engaged the public interest in maintaining the exemptions does not outweigh the public interest in the disclosure of the withheld information.
FOI 21: Not upheld FOI 36: Upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50671517

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593920

Carmarthenshire County Council (Local Government (County Council)) FER0686271: ICO 10 Aug 2017

The complainant made a request that related to correspondence, files, meetings, working methods and employees for the period 1 January 1998 to 13 March 2015 concerning the Council’s planning compliance with National Grid defined safety protocols. The Council responded to the request with some information and a refusal notice for the remainder; however it took longer than 20 working days to do so. The Commissioner’s decision is that the Council breached regulation 5(2) of the EIR for failing to respond within 20 working days and regulation 14(2) of the EIR because it did not provide a refusal notice within 20 working days. There are no steps to take.
EIR 5(2): Upheld EIR 14(2): Upheld

Citations:

[2017] UKICO FER0686271

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593924

Carmarthenshire County Council (Local Government (County Council)) FER0686270: ICO 10 Aug 2017

The complainant made a request for all information that Carmarthenshire County Council (‘the Council’) holds in relation to a former landfill site. The Council refused the request siting regulation 12(4)(b) of the EIR however it took longer than 20 working days to do so. The Commissioner’s decision is that the Council breached regulation 14(2) of the EIR because it did not provide a refusal notice within 20 working days. There are no steps to take.
EIR 14(2): Upheld

Citations:

[2017] UKICO FER0686270

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593923

Parliamentary and Health Service Ombudsman (Education (Other)): ICO 11 Jul 2017

The complainant has requested information relating to meeting minutes. The Commissioner’s decision is that Parliamentary and Health Service Ombudsman (‘PHSO’) have correctly applied section 36(2)(b)(ii) (prejudice to effective conduct of public affairs) to part of the withheld information. However the Commissioner also finds that PHSO has incorrectly applied section 40(2) (personal data) to the remaining part of the withheld information. Finally, the Commissioner finds that although it has complied with section 17(1) in stating which exemption is to be relied upon, by failing to complete its public interest test considerations within a reasonable time period PHSO has breached section 17(3) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information withheld under section 40(2) of the FOIA. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 36: Not upheld FOI 40: Upheld FOI 10: Upheld

Citations:

[2017] UKICO FS50662738

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593886

National Police Chief’s Council (Police and Criminal Justice): ICO 6 Jul 2017

The complainant has requested referral forms for proposed projects assistance for Bahrain. The National Police Chiefs’ Council did not comply with the request, citing section 14(1) (vexatious requests) of FOIA. The Commissioner’s decision is that the National Police Chiefs’ Council has applied section 14(1) of FOIA appropriately. The Commissioner does not require the National Police Chiefs’ Council to take any steps as a result of this decision.
FOI 14(1): Not upheld FOI 10(1): Upheld

Citations:

[2017] UKICO FS50642442

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593875

Equality and Human Rights Commission (Education (Other)) FS50662965: ICO 11 Jul 2017

The complainant has requested information relating an employment tribunal case. The Commissioner’s decision is that the Equality and Human Rights Commission (EHRC) has correctly applied section 41(1) to the withheld information. The Commissioner does not require the public authority to take the any steps as a result of this decision notice.
FOI 41: Not upheld

Citations:

[2017] UKICO FS50662965

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593847

Equality and Human Rights Commission (Education (Other)) FS50662918: ICO 11 Jul 2017

The complainant has requested information relating to a Target Operating Model (‘TOM’) and Expression of Interest Forms (‘EOI’). The Commissioner’s decision is that Equality and Human Rights Commission (EHRC) has correctly applied section 21 to part of the requested information. In addition, she also finds that EHRC correctly cited section 40(1) and 40(2) of the FOIA to the information withheld under that exemption. Finally the Commissioner finds that EHRC has also correctly cited section 22 of the FOIA to the remaining withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 21: Not upheld FOI 22: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50662918

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593846

Department for Education (Central Government): ICO 25 Jul 2017

The complainant has requested the DfE to disclose a copy of the financial management and governance review findings into the Wakefield City Academy Trust (WCAT) and copies of any written correspondence between the regional schools commissioner and WCAT between 1 January 2015 and the date of his request. The DfE responded refusing to disclose the requested information citing sections 36(2)(b)(i) and (ii), 36(2)(c), 43 and 40 of the FOIA. The Commissioner’s decision is that section 36(2)(b)(i) and (ii) and section 36(2)(c) of the FOIA applies to all the withheld information and the public interest rests in maintaining this exemption. She has however found the DfE to be in breach of section 10 of the FOIA, as it failed to respond to the request within 20 working days of receipt. Overall, the Commissioner does not require any further action to be taken in this case.
FOI 36: Not upheld FOI 10: Upheld FOI 16: Not upheld

Citations:

[2017] UKICO FS50679326

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593840

Department for Education (Central Government): ICO 11 Jul 2017

ICO The complainant made a request to the Education Funding Agency (EFA), an executive agency of the Department for Education (DfE), for a copy of an internal audit report carried out on Collective Spirit Multi Academy Trust. The DfE refused the complainant’s request, citing the exemptions under sections 36(2)(b)(ii) (free and frank exchange of views), 36(2)(c) (otherwise prejudice effective conduct of public affairs) and 33 (audit functions) of the FOIA. The Commissioner’s decision is that section 36(2)(b)(ii) is engaged and that, in all the circumstances, the public interest in disclosure is outweighed by the public interest in withholding the requested information. Accordingly she has not gone on to consider sections 36(2)(c) or 33. The Commissioner does not require the DfE to take any steps as a result of this decision notice.
FOI 36: Not upheld

Citations:

[2017] UKICO FS50660861

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593838

Department for Education (Central Government): ICO 24 Jul 2017

The complainant has requested information relating to financial and governance issues at Wakefield City Academies Trust. The Department for Education (DfE) refused the request under sections 36 – prejudice to the conduct of public affairs, 40(2) – third party personal information and 43 – commercial interests. The Commissioner’s decision is that the Department for Education is entitled to rely on section 36 to withhold the information. The Commissioner does not require the public authority to take any further action in this matter.
FOI 36: Not upheld

Citations:

[2017] UKICO FS50670089

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593839

BBC (Other) FS50683221: ICO 25 Jul 2017

The complainant requested how much the BBC paid to Sandi Toksvig. 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. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50683221

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593816

BBC (Other) S50685521: ICO 25 Jul 2017

The complainant requested information about the number of users of email alerts. 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: Not upheld

Citations:

[2017] UKICO FS50685521

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593817

BBC (Other): ICO 6 Jul 2017

The complainant has requested an unredacted copy of the BBC’s No Licence Needed policy. The BBC refused the request on the basis of section 31(1)(a), (b), (d) and (g) with (2)(a) of the FOIA. The Commissioner’s decision is that the BBC has correctly applied the provisions of section 31 of the FOIA and the public interest favours maintaining the exemption. She requires no steps to be taken.
FOI 31: Not upheld

Citations:

[2017] UKICO FS50664742

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593815