The complainant requested information from the public authority about the National Security Framework. The public authority replied that section 31(1)(f) (maintenance of security and good order in prisons) was engaged and extended the time limit in order to assess the public interest test. The Commissioner finds that section 17(1)(c) was breached at this point as the public authority failed to inform the complainant why the exemption was engaged. The timeframe was readjusted on at least eight separate occasions before the complainant complained to the Commissioner. The Commissioner finds that the delay of over fourteen months in carrying out a public interest determination was a breach of section 17(3)(b). The Commissioner has also found two breaches of section 10(1). The public authority is required within 35 calendar days to respond fully to the request in compliance with its obligations under section 1(1) of the Act.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld
Citations:
[2009] UKICO FS50214340
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 March 2022; Ref: scu.531993