Tag: Information

Equality and Human Rights Commission (Education (Other)) FS50662918: ICO 11 Jul 2017

The complainant has requested information relating to a Target Operating Model (‘TOM’) and Expression of Interest Forms (‘EOI’). The Commissioner’s decision is that Equality and Human Rights Commission (EHRC) has correctly applied section 21 to part of the requested information. In addition, she also finds that EHRC correctly cited section 40(1) and 40(2) of the FOIA to the information withheld under that exemption. Finally the Commissioner finds that EHRC has also correctly cited section 22 of the FOIA to the remaining withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 21: Not upheld FOI 22: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50662918

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593846

Equality and Human Rights Commission (Education (Other)) FS50662965: ICO 11 Jul 2017

The complainant has requested information relating an employment tribunal case. The Commissioner’s decision is that the Equality and Human Rights Commission (EHRC) has correctly applied section 41(1) to the withheld information. The Commissioner does not require the public authority to take the any steps as a result of this decision notice.
FOI 41: Not upheld

Citations:

[2017] UKICO FS50662965

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593847

BBC (Other) S50685521: ICO 25 Jul 2017

The complainant requested information about the number of users of email alerts. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50685521

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593817

BBC (Other) FS50683221: ICO 25 Jul 2017

The complainant requested how much the BBC paid to Sandi Toksvig. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50683221

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593816

Carmarthenshire County Council (Local Government (County Council)): ICO 21 Jun 2017

The complainant has requested correspondence between the owner of a piece of land and the council in relation to a complaint that was made about the conversion of the site to a commercial shooting site without the benefit of planning permission. The council refused to disclose the requested information citing regulation 13 of the EIR. The Commissioner’s decision is that the council has correctly applied regulation 13 of the EIR in this case. She therefore does not require any further action to be taken.
EIR 13: Not upheld

Citations:

[2017] UKICO FER0653463

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593739

Department for Education (Central Government) FS50663981: ICO 21 Jun 2017

The complainant has requested information from the Department for Education (DfE) for information about the performance of Regional Schools Commissioners against their Key Performance Indicators. The DfE provided the complainant with some of the requested information however refused to disclose the remainder citing section 36(2)(c) of the FOIA. The Commissioner has determined the exemption is engaged but concluded that on balance the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the data relating to Key Performance Indicator (KPI) 6. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 36: Upheld

Citations:

[2017] UKICO FS50663981

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593747

Cambridgeshire County Council (Local Government (County Council)): ICO 29 Jun 2017

The complainant has requested information relating to roads in Cambridgeshire. The Commissioner’s decision is that Cambridgeshire County Council has incorrectly applied the exception at regulation 12(5)(c) of the EIR where disclosure would adversely affect intellectual property rights. The Commissioner requires the public authority to disclose the requested unclassified roads data to the complainant to ensure compliance with the legislation.
EIR 12(5)(c): Upheld

Citations:

[2017] UKICO FER0645865

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593736

Cabinet Office (Central Government) – FS50661241: ICO 20 Jun 2017

The complainant submitted a request to the Cabinet Office seeking information relating to the ‘shortlisting’ of David Cameron’s resignation honours list. The Cabinet Office argued that the shortlisting process was conducted in Mr Cameron’s personal and political capacity and thus any information generated by this process would not be held by the Cabinet Office for the purposes of FOIA. The Commissioner accepts that there is a political dimension to the shortlisting process. However, in her view any information generated by this process would also be held for official purposes and therefore if any such recorded information is physically held by the Cabinet Office then such information would be held by the Cabinet Office for the purposes of FOIA. The Commissioner requires the Cabinet Office to confirm or deny whether information falling within the scope of the request is held, and if so disclose or refuse any information identified.
FOI 1: Upheld

Citations:

[2017] UKICO FS50661241

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593734

Cabinet Office (Central Government) – FS50651133: ICO 20 Jun 2017

ICO The complainant requested information relating to polling data from the 2014 Scottish independence referendum from the Cabinet Office. The Cabinet Office refused the request under section 14(2) of the Act as it considered it was a repeat request. The Cabinet Office’s position was based on a case of mistaken identity with the complainant and a previous requester with a similar name. Once this mistake had been pointed out, the Cabinet Office refused the request under section 35(1)(a) of the Act as the information related to the development of government policy, and the balance of the public interest favoured maintaining the exemption. The Commissioner’s decision is that section 35(1)(a) of the Act applies, but that the public interest test favours disclosure of the withheld information. The Cabinet Office also breached section 17(1) as it did not apply section 35(1)(a) within the statutory timeframe. The Commissioner requires the public authority to disclose the information to the complainant
FOI 17: Upheld FOI 35: Upheld

Citations:

[2017] UKICO FS50651133

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593733