The complainant has requested correspondence between the Driver and Vehicle Licensing Agency (DVLA) and the Information Commissioner’s Office (ICO) from 2019 to 13 March 2020 regarding its release of data under the Road Vehicles (Registration and Licensing) Regulations 2002. The complainant also requested any legal advice regarding that regulation from the five years prior to March 2020. The DVLA refused to provide any of this information, citing section 35(1)(a) FOIA (the formulation of government policy etc) and section 42(1) FOIA (legal professional privilege). The Commissioner’s decision is that the DVLA has incorrectly cited section 35(1)(a) and that the exemption is not engaged. However, she accepts that the exemption at section 42(1) is engaged and that the public interest favours non-disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information that was withheld under section 35 of the FOIA, with the exception of any third party personal data relating to junior staff and the contact details of all staff
FOI 35: Complaint upheld FOI 42: Complaint not upheld
Citations:
[2021] UKICO IC-42172
Links:
Jurisdiction:
England and Wales
Information
Updated: 23 October 2022; Ref: scu.665888
