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Decision Summary

  • Case Ref: FS50227047
  • Date: 11 January 2010
  • Public Authority: BBC
  • Summary: In March 2008 the complainant requested information from the British Broadcasting Corporation (the BBC) regarding the legal advice sought in relation to his own editorial complaint and copies of all records relating to the said advice. The request was refused by the BBC under section 40 – personal information - and section 42 – legal professional privilege. Subsequently the BBC came to rely on its derogation from the Freedom of Information Act and refused to provide the requested information claiming that it was outside the scope of the (“the Act”) because it was held for the purposes of journalism, art or literature. The Commissioner is satisfied that the information in question was held for the purpose of journalism, art and literature. Therefore the BBC was not obliged to comply with Parts I to V of the Act.
  • View PDF of Decision Notice: [1]