Tag: Information

Insolvency Service (Decision Notice): ICO 14 Apr 2014

The complainant has requested information about petitions filed by the Secretary of State for Business Innovation and Skills to wind up [named company] and 15 other companies. The Insolvency Service (IS) confirmed that some of the requested information was not held, in relation to the information that was held it provided the complainant with some information. It also withheld some information in full under section 42 of the Freedom of Information Act (FOIA). The Commissioner’s decision is that the IS has correctly applied section 42 FOIA in this case. The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld

[2014] UKICO FS50524622
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.527700

Oxfordshire County Council (Decision Notice): ICO 24 Mar 2014

ico The complainant made a freedom of information request to Oxfordshire County Council (‘the Council’) for details of the number of corporate complaints it had received. The Council responded to the request outside of the 20 working day deadline required by FOIA. The Commissioner’s decision is that the Council breached section 10(1) of FOIA by failing to respond to the complainant’s request within 20 working days. The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2014] UKICO FS50525251
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.527637

Department of Health (Decision Notice): ICO 11 Mar 2014

ICO The complainant has requested information relating to the forfeited pensions under the NHS Pension Scheme Regulations. The Department of Health refused to disclose the information, citing section 40(2) (third party personal data) of the FOIA as its basis for doing so. Following an internal review, the Department disclosed some of the previously withheld information but maintained its position on the remainder. The Commissioner’s decision is that the Department of Health is correct to withhold the information under section 40(2). The Commissioner does not require the public authority to take any further action.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2014] UKICO FS50526543
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527570

Her Majestys Revenue and Customs (Decision Notice): ICO 11 Mar 2014

The complainant has requested the amount of VAT that HM Revenue and Customs (HMRC) estimated it might have to refund to investment trust companies depending on the result of ongoing litigation for the recovery of overpaid VAT. HMRC originally withheld the information under sections 31(1)(c) and (d) on the basis that its disclosure would prejudice the course of justice and the collection of taxes respectively. During the Commissioner’s investigation HMRC also applied section 42(1) on the grounds the information was also protected by legal professional privilege. The Commissioner’s decision is that HMRC has correctly withheld the information under section 42. Therefore he has not gone onto to consider the application of the exemptions provided by section 31. The Commissioner does not require HMRC to take any action in respect of this complaint.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld

[2014] UKICO FS50514027
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527597

Bbc (Decision Notice): ICO 10 Mar 2014

The complainant has requested figures for the 12 month period prior to the change in policy for the Media Player requests and BBC iPlayer Downloads requests. 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. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2014] UKICO FS50526851
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527536

Wiltshire Police (Decision Notice): ICO 20 Feb 2014

ICO The complainant has requested information in connection with an investigation entitled ‘Operation Antler’. Requests made by the complainant regarding this operation have previously been deemed vexatious under section 14(1) of the FOIA. The public authority again relied on section 14(1) when considering this request and the Commissioner finds that it was entitled to do so. No steps are required.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

[2014] UKICO FS50522654
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527524

Cabinet Office (Decision Notice): ICO 17 Mar 2014

The complainant requested emails between the Prime Minister and Steve Hilton relating to education reforms that were sent or received via an unofficial email address. The Cabinet Office stated that it was unable to confirm or deny whether this information was held without exceeding the cost limit and cited section 12 of the FOIA. The Commissioner’s decision is that the Cabinet Office made a reasonable estimate of the cost of this request. Section 12 was, therefore, cited correctly and the Cabinet Office was not obliged to comply with it.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

[2014] UKICO FS50507482
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527542

Ministry of Justice (Decision Notice) FS50498555: ICO 20 Feb 2014

ICO The complainant has requested the Statements of Case for a particular litigation case. Having originally found the requested information to be exempt under sections 44(1) (statutory bar) and 32(1) (court record), the public authority instead relied on section 12(2) (cost limit) to refuse the request. The Commissioner’s decision is that the public authority has provided a reasonable estimate of the costs associated with complying with the request and has therefore correctly applied section 12. No steps are required.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

[2014] UKICO FS50498555
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527498

Tower Hamlets Council (Decision Notice): ICO 20 Feb 2014

ICO The complainant requested minutes and papers from a meeting of the Information Governance Group of the London Borough of Tower Hamlets (the Council). The Council refused to disclose this information under the exemptions provided by the following sections of the FOIA: 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) and 36(2)(c) (other prejudice to the effective conduct of public affairs). The Commissioner’s decision is that the Council cited these exemptions correctly and so it was not obliged to disclose the requested information.
Section of Act/EIR and Finding: FOI 36 – Complaint Not upheld

[2014] UKICO FS50506410
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527516

Ministry of Justice (Decision Notice) FS50504563: ICO 3 Feb 2014

ICO The complainant has requested personal data of another person. The Commissioner’s decision is that the Ministry of Justice erred by disclosing it held the requested information when it should have neither confirmed nor denied it held the information. The Commissioner requires no steps to be taken by the Ministry of Justice.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2014] UKICO FS50504563
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527499

Ministry of Defence (Decision Notice) FS50509893: ICO 13 Feb 2014

The complainant requested information relating to members of an SAS regiment who served during World War II. The Commissioner’s decision is that the Ministry of Defence (MOD) does not hold the requested information. While he notes that the information is held by the SAS Regimental Association (the RA), he is satisfied that it does not hold the information on behalf of the MOD. No further action is required.
Section of Act/EIR and Finding: FOI 3 – Complaint Not upheld

[2014] UKICO FS50509893
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527495

Metropolitan Police Service (Decision Notice): ICO 20 Feb 2014

ICO The complainant requested information regarding the use of unmanned aerial vehicles by the Metropolitan Police Service (MPS). The MPS denied that it held information within the scope of the request that related to overt policing. In relation to covert policing, the MPS refused to confirm or deny whether it held this information and cited the exemptions provided by sections 23(5) (information supplied by, or relating to, security bodies), 24(2) (national security) and 31(3) (prejudice to law enforcement) of the FOIA. The Commissioner’s decision is that the MPS stated correctly and in line with section 1(1)(a) of the FOIA that it did not hold relevant information relating to overt policing. He also finds that the MPS applied sections 23(5), 24(2) and 31(3) correctly in relation to covert policing and so was not obliged to confirm or deny whether the requested information was held.
Section of Act/EIR andamp; Finding: FOI 1 – Complaint Not upheld, FOI 23 – Complaint Not upheld, FOI 24 – Complaint Not upheld, FOI 31 – Complaint Not upheld

[2014] UKICO FS50504126
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527494

HM Land Registry (Decision Notice): ICO 13 Feb 2014

ICO The complainant has requested a copy of the latest version of the handling plan, defensive briefing and supporting material produced by the Land Registry to manage any adverse reaction to its plans as regards land charge searches. The Land Registry provided some information but withheld 2 documents, the external stakeholder power and influence matrix and the stakeholder journey mapping. On review it upheld that decision. During the course of the Commissioner’s investigation the Land Registry did however disclose redacted versions of these two documents but applied section 43(2) to the redacted sections. The Commissioner’s decision is that the Land Registry was not correct to apply section 43(2) to the information. The Commissioner requires the public authority to disclose the information to the complainant.
Section of Act/EIR and Finding: FOI 43 – Complaint Upheld

[2014] UKICO FS50507466
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527478

Equality and Human Rights Commission (Decision Notice): ICO 20 Feb 2014

ICO The complainant has requested a submission provided by the Foreign and Commonwealth Office (FCO) to the European Court of Human Rights (ECofHR) in relation to a particular case. The Equality and Human Rights Commission (EHRC) refused to provide the requested information under section 32(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the EHRC has correctly applied section 32(1)(a) FOIA to the withheld information. The Commissioner requires no steps to be taken.
Section of Act/EIR andamp; Finding: FOI 32 – Complaint Not upheld

[2014] UKICO FS50516525
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527471

Department of Health (Decision Notice): ICO 25 Feb 2014

ICO The complainant has requested information relating to correspondence with the Australian government about plain packaging for cigarettes. The Commissioner’s decision is that the Department of Health (DoH) has correctly applied section 27(1)(a) of the FOIA to the withheld information. The Commissioner does not require any steps to be taken as a result of this decision notice.
Section of Act/EIR and Finding: FOI 27 – Complaint Not upheld

[2014] UKICO FS50515879
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527465

Department for Education (Decision Notice): ICO 20 Feb 2014

ICO The complainant requested information on the Prince’s Consent to the Department for Education (DfE). The DfE refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s decision is that the DfE correctly applied section 12(1) and found that there is no breach of section 16(1). As the DfE provided its responses outside the statutory 20 working days, the Commissioner finds that the DfE breached section 10(1) of the FOIA.
Section of Act/EIR andamp; Finding: FOI 10 – Complaint Upheld, FOI 12 – Complaint Not upheld, FOI 16 – Complaint Not upheld

[2014] UKICO FS50521584
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527456

Aneurin Bevan Health Board (Decision Notice): ICO 20 Feb 2014

ICO The complainant has requested details of the ethnicity of nurses disciplined or dismissed over a five year period in relation to the non-disclosure of criminal convictions. The Aneurin Bevan Health Board (‘the Health Board’) refused to provide the information by virtue of section 40(2) of the FOIA. The Commissioner-andtrade;s decision is that the Health Board correctly relied on section 40(2) to withhold this information. The Commissioner requires no steps to be taken by the Health Board.
Section of Act/EIR andamp; Finding: FOI 40 – Complaint Not upheld

[2014] UKICO FS50514855
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527431

BBC (Decision Notice) FS50526192: ICO 20 Feb 2014

ICO The complainant requested data on website traffic for specific website pages on specific days. 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. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2014] UKICO FS50526192
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527433

Citywest Homes (Decision Notice): ICO 20 Feb 2014

ICO The complainant has requested information relating to proposed works to be carried out on hot water and heating systems on a residential estate. CityWest Homes Limited (‘CWH’) provided some of the requested information and withheld some information under the exemption for legal professional privilege (section 42(1) of the FOIA). The Commissioner’s decision is that CityWest Homes Limited: complied with section 1(1) of the FOIA in relation to part 9 of the request but failed to respond within 20 working days and breached section 10(1) of the FOIA; and correctly applied section 42(1) to the withheld information with the public interest favouring maintaining the exemption. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR andamp; Finding: FOI 1 – Complaint Not upheld, FOI 10 – Complaint Upheld, FOI 42 – Complaint Not upheld

[2014] UKICO FS50517497
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527445

Crown Prosecution Service (Decision Notice): ICO 20 Feb 2014

ICO The complainant has requested information relating to the review carried out by Alison Levitt QC about the Crown Prosecution Service’s involvement in allegations against Jimmy Savile. The Crown Prosecution Service (‘CPS’) cited provisions of section 36 as its basis for withholding this information. The Commissioner’s decision is that the CPS is entitled to rely on the provisions of section 36 that it has cited as a basis for refusing to provide the requested information. No steps are required.
Section of Act/EIR andamp; Finding: FOI 36 – Complaint Not upheld

[2014] UKICO FS50509762
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527450