The complainant requested information from the Commissioner regarding another complaint which the Commissioner was then considering. In particular, the complainant requested copies of correspondence between the caseworker allocated to this complaint and a public authority. Although the complainant received a prompt response, this did not constitute a proper refusal notice and the complainant therefore requested an internal review of the decision to refuse his request. This review led to a release of some of the requested information. Following an investigation, the Commissioner’s decision is that the request was not handled in accordance with the requirement of section 17. The Commissioner also accepts that there was an unreasonable delay in reviewing the refusal of the request. The Commissioner also finds that the complainant should have been advised that some of the information requested was not held. However the Commissioner upholds the decision, ultimately reached on review, to withhold some of the requested information in reliance on section 44 of the Act. This provides an exemption where disclosure of information would contravene another statutory provision, in this case s.59 of the Data Protection Act 1998. The Information Tribunal has ruled on this decision and has dismissed the appeal.
Section of Act/EIR and Finding: FOI 1 – Complaint Partly Upheld, FOI 17 – Complaint Upheld
Citations:
[2006] UKICO FS50116262
Links:
Jurisdiction:
England and Wales
Information
Updated: 26 October 2022; Ref: scu.533428