The complainant requested figures for each of the past five years about the number of counterfeit goods seized at the UK borders and action taken against individuals importing them. HO provided some information but also withheld some information relying on section 31(1)(a) FOIA and the associated public interest balancing test. Before the Commissioner, HO additionally relied upon the section 31(1)(b) exemption. The Commissioner’s decision is that HO correctly relied on the exemptions in section 31(1)(a) and (b) FOIA and decided correctly that the balance of the public interest lay in maintaining the exemptions. HO breached section 17(1)(b) in not relying on section 31(1)(b) earlier. The Commissioner does not require HO to take any action to comply with the legislation.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 31 – Complaint Not upheld
 UKICO FS50486054
England and Wales
Updated: 01 December 2021; Ref: scu.528471