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Decision Summary

  • Case Ref: FS50090393
  • Date: 9 February 2009
  • Public Authority: BBC
  • Summary: The complainant requested information from the BBC in relation the spending on radio stations and radio budgets. The BBC refused to provide this information on the basis that it was held for the purpose of journalism, art or literature. During the course of the investigation the BBC also sought to rely on exemptions under the Act to withhold the information. The Commissioner has investigated and concluded that the BBC misapplied the Schedule 1 derogation and that the information requested falls within the scope of the Act. The Commissioner investigated the BBC’s application of the exemptions and found that some of the information was exempt from disclosure under section 12(1) of the Act and some of the information was exempt under section 43 of the Act. The Commissioner found that some of the information was not exempt under section 43, 40 or 41 of the Act and he now requires that the BBC disclose this information to the complainant. In not communicating this information to the applicant the BBC also breached section 1 of the Act. The Commissioner also found that some information was not held. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]