ICO The complainant asked Defra for a copy of the list showing details of the producers to whom the farm ID numbers on eggs relate. Defra initially refused to provide the information, saying that it was personal information covered by the Data Protection Act. Defra subsequently decided that the request should have been dealt with under the Freedom of Information Act, but still declined to release the information, citing sections 38 and 43(2) of that Act. The Commissioner decided that section 38 was engaged in relation to the information sought and that the public interest lay in favour of maintaining that exemption. He also decided that section 40 was engaged in respect of certain personal information. Since those exemptions covered all of the information in question, he saw no need to consider whether section 43(2) was also engaged. The Commissioner welcomed Defra’s agreement to release to the complainant a list relating farm ID numbers to particular counties. However, he concluded that Defra had breached section 17 of the Act.
Section of Act/EIR and Finding: FOI 38 – Complaint Not upheld, FOI 40 – Complaint Not upheld, FOI 17 – Complaint Upheld
[2006] UKICO FS50089403
Bailii
England and Wales
Information
Updated: 16 December 2021; Ref: scu.533617