The complainant asked The National Archives to provide him with an electronic copy of two documents. TNA informed him that the documents he had requested are open records and are available in full for the public to view or to have a copy made, for which there is a charge. The complainant explained that he wished his request to be considered under the Freedom of Information Act 2000 but TNA refused to perform an internal review of its response as it did not consider the request fell under the Act. The Commissioner is satisfied that TNA has legitimately handled this request in accordance with its own publication scheme and that TNA may charge the complainant for the requested information. However the Commissioner considers that once the complainant had indicated that his request was a freedom of information request, TNA should have issued a refusal notice. The Commissioner therefore finds TNA to be in breach of section 17(1)(a),(b) and (c).
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 19 – Complaint Upheld
Citations:
[2011] UKICO FS50382311
Links:
Jurisdiction:
England and Wales
Information
Updated: 06 April 2022; Ref: scu.530870
