References: [2009] UKICO FS50190235
Links: Bailii
Ratio: ICO The complainant made a request for information to the Forestry Commission Scotland (FCS). The FCS refused to disclose the information, or to confirm if the information requested was held citing section 14(1) of the Act ‘vexatious requests’ and 12(1) ‘cost limit’. The Commissioner has investigated and found that sections 14(1) and 12(1) of the Act are not engaged. The Commissioner requires that the FCS now confirm or deny to the complainant if the information requested is held and if held disclose this information to the complainant or issue the complainant with a valid refusal notice under section 17(1) of the Act. The Commissioner also found that in failing to issue the complainant with a refusal notice the FCS breached the requirements of section 17(1). The FCS must take these steps within 35 calendar days of this notice.
Section of Act/EIR & Finding: FOI 12 – Complaint Upheld, FOI 14 – Complaint Upheld, FOI 17 – Complaint Upheld
Last Update: 01 March 2017
Ref: 531976