ICO The complainant requested information about an individual’s state of mind at a set time. The Department of Work and Pensions refused the request under section 14(2) (a repeat request) and maintained its position in its internal review. The Commissioner asked the DWP to justify its reliance on section 14(2). It was unable to do so. Instead, it argued that it did not hold relevant recorded information and could not therefore provide it. The Commissioner has determined that on the balance of probabilities the DWP did not hold any relevant recorded information for this request. However, he does find breaches of section 1(1)(a) and 10(1), because the DWP did not tell the complainant in 20 working days. He requires no remedial action to be undertaken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Partly Upheld, FOI 10 – Complaint Upheld
Citations:
[2011] UKICO FS50365476
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 October 2022; Ref: scu.530724
