Intellectual Property Office (Decision Notice): ICO 15 Jul 2010

The complainant requested information that had been withheld from a specified individual. This related to the way that an earlier request had been handled by the public authority and the legal advice that was commissioned. The public authority issued a response and explained that it believed that all the relevant recorded information was exempt by virtue of section 42(1) [legal professional privilege] and that the public interest in maintaining that exemption outweighed the public interest in disclosure. The complainant requested an internal review and the public authority upheld its original decision. The Commissioner has carefully considered this case. He has determined that the information was covered by legal professional advice privilege and he has determined that the public authority was correct that the public interest in maintaining that exemption did outweigh the public interest in disclosure in this case. He has therefore finds that section 42(1) has been applied correctly and upholds the public authority’s position. He requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld


[2010] UKICO FS50301299




England and Wales


Updated: 21 May 2022; Ref: scu.531557