The complainant has requested information concerning the environment of the British Indian Ocean Territory (BIOT). The Foreign and Commonwealth Office (FCO) originally mistakenly responded to the request under the FOIA by the use of Section 12 (cost of compliance exceeds appropriate limit). The FCO rectified this error at internal review and substituted Regulation 12(4)(c) (request formulated in too general a manner) under the EIR 2004 as the basis for refusing the request. The complainant subsequently submitted a refined request which was treated as a new request by the FCO and which was refused on the basis of Regulation 12(4)(b) (manifestly unreasonable). The Commissioner’s decision is that the FCO application of Regulation 12(4)(c) to the initial request was invalid. The Commissioner also finds that Regulation 12(4)(b) was not engaged with regard to the complainant’s subsequent refined request. The Commissioner requires the public authority issue a fresh response to the complainant’s refined request of 5 January 2012, that does not rely upon the exception at regulation 12(4)(b).
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Upheld, EIR 12.4.c – Complaint Upheld
[2013] UKICO FER0441185
Bailii
England and Wales
Information
Updated: 06 December 2021; Ref: scu.528084
