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Decision Summary

  • Case Ref: FS50265735
  • Date: 11 February 2010
  • Public Authority: BBC
  • Summary: The complainant made 7 requests to the BBC for a series of information relating to its handling of his complaint about an edition of the programme ‘Panorama’. The BBC stated that some information was not held, some was outside the scope of the Act, other material constituted the complainant’s personal data and was therefore exempt under section 40(1) and for the remainder refused to comply on the basis that the cost of locating and retrieving relevant information would exceed the section 12(1) limit. The Commissioner’s investigation and decision is limited to requests 1 and 2. In view of two High Court decisions handed down on 2 October 2009 the BBC amended its original position and argued that all of the information relevant to requests 1 and 2 was outside the scope of the Act. The Commissioner’s decision is that the BBC correctly determined that the information relevant to requests 1 and 2 is all held to a significant extent for the purposes of art, journalism or literature and therefore the BBC is not obliged to comply with Parts I to V of the Act. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]