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Decision Summary

  • Case Ref: FS50147876
  • Date: 10 December 2009
  • Public Authority: Department for Culture, Media and Sport
  • Summary: The complainant had made a number of requests to the public authority prior to this case. The first request dealt with in this Decision Notice (the ‘original request’) was for all information which had been redacted from documents released as a result of one of the previous requests on the basis that it was not relevant to that request. In response to the original request the public authority provided some information but withheld the remainder by reference to section 36(2)(b) of the Freedom of Information Act 2000 (‘the Act’). The complainant made a supplementary request for a copy of the qualified person’s reasonable opinion in respect of the application of section 36 to the original request, and the date on which the opinion had been made. The public authority withheld that information on the grounds that it too was exempt, under section 36(2)(b) and (c). During the course of the Commissioner’s investigation the public authority disclosed the information relating to the original request. The Commissioner required the public authority to disclose part of the withheld information in the supplementary request. In relation to both the original and supplementary requests the Commissioner decided that the public authority had failed to comply with the procedural requirements of sections 1(1)(b), 10(1), 17(1) and 17(2).
  • View PDF of Decision Notice: [1]