ICO In February 2007, the complainant requested a copy of a report by the Office of Surveillance Commissioners relating to the then UK Immigration Service (now UK Borders Agency). The public authority refused to provide this citing section 31(1)(e) as its basis for doing so. It upheld this position on internal review. The public authority provided further detail as to the application of section 31(1)(e) and also cited section 23(1) and section 40(2) in relation to certain parts of the report. Having considered these arguments the Commissioner had decided that the public authority correctly applied section 31(1)(e). He also agrees with the public authority’s application of section 23(1). However, he does not agree with the public authority’s application of section 40(2). The Commissioner requires the public authority to disclose the information which it has withheld under section 40(2). The Commissioner has also identified a number of procedural contraventions in the way the public authority handled this request.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 23 – Complaint Not upheld, FOI 31 – Complaint Not upheld, FOI 40 – Complaint Upheld
Citations:
[2009] UKICO FS50170394
Links:
Jurisdiction:
England and Wales
Information
Updated: 01 June 2022; Ref: scu.532363
