The complainant has requested information associated with the Commissioner’s decision in case reference FS50624045. The ICO has confirmed that it does not hold some of the requested information. It released some of the information it does hold and its position is that the remaining information it holds is exempt information under section 40(2) of the FOIA (personal data) and section 42(1) (legal professional privilege), with the public interest favouring maintaining the latter exemption. The Commissioner’s decision is as follows: The information that the ICO is withholding is exempt information under section 40(2) and 42(1) and the public interest favours maintaining the section 42(1) exemption. On the balance of probabilities, the ICO complied with section 1(1)(a) of the FOIA with regard to the case file FS50624045. The ICO did not hold that case file at the time of the request, and so did not hold any further relevant information associated with that case file. The ICO breached section 10(1) and section 17(1) as it did not comply with section 1(1), or issue a refusal notice in respect of aspects of the request, within 20 working days of receiving the complainant’s request. The Commissioner does not require the ICO to take any remedial steps.
FOI 17: Complaint upheld FOI 42: Complaint not upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 1: Complaint not upheld
Citations:
[2019] UKICO fs50854323
Links:
Jurisdiction:
England and Wales
Information
Updated: 24 November 2022; Ref: scu.650432