ICO The complainant asked the Department of Health (‘the Department’) for a copy of the Gateway 4 review report for the Department’s Electronic Recruitment project. The Department provided the complainant with certain elements of the review report, but withheld some information citing the exemption contained in section 36(2)(b)(ii) of the Act. The Commissioner has decided that section 36(2)(b)(ii) is engaged in relation to the information in the report, but he concluded that the public interest in maintaining the exemption did not outweigh the public interest in disclosing the information sought. He directed the Department to provide the complainant with that information. The Commissioner has also concluded that, in failing to make available to the complainant information to which he is entitled, the Department has breached sections 1(1)(b) and 10(1) of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 36 – Complaint Upheld
[2009] UKICO FS50075956
Bailii
Freedom of Information Act 2000
England and Wales
Information
Updated: 13 December 2021; Ref: scu.531966