Latest decision notices

Some important new cases here - the personal data aspect of the House of Commons cases -"The Commissioner found that the requested information is personal information which can be disclosed without contravening any of the principles of the Data Protection Act 1998 and, consequently, that the exemption provided by section 40(2) of the Act does not apply" and the first decisions relating to the BBC and also the first major cases inlvolving s.36(2)(b)(ii) on the FOIA- "(2) Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act-b) would, or would be likely to, inhibit-(ii) the free and frank exchange of views for the purposes of deliberation". The ICO did not uphold the complaint. The Guardian and Heather Brooke both made the requests and will I presume appeal.

Note:The UCL Constitution Unit provide a useful index of the decisions so far by section of the Act cited and you can also search.

Case Ref: FS50071194
Date: 22/02/06
Public Authority: House of Commons
Summary: The complainant requested a breakdown of travel expenses claimed by individual MP's over the past three years into the following three
categories: car travel, rail travel and air travel. An aggregate figure is not broken down into different categories of transport, as the complaint requested. The House of Commons withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is personal information which can be disclosed without contravening any of the principles of the Data Protection Act 1998 and, consequently, that the exemption provided by section 40(2) of the Act does not apply. Therefore the Commissioner's decision is that the House has breached section 1(1) of the Act and in that it incorrectly withheld the requested information on the basis that it was exempt under section 40(2). The steps required for compliance with Part 1 of the Act are specified in the Decision Notice,
and in this case the Commissioner requires the House of Commons to release the requested information to the complainant within 30 days of the date of the Decision Notice.
Section of the Act/EIR & Finding: FOI s.40(2) - Complaint Upheld
Full Transcript of Decision Notice FS50071194

Case Ref: FS50072319
Date: 22/02/06
Public Authority: House of Commons
Summary: The complainant requested a breakdown of the travel expenses claimed by individual MP's for the most recent year for which figures are available into the following four categories: rail travel, road travel, air travel and bicycle. An aggregate figure for travel expenses for each MP is already published but this figure is not broken down into different categories of transport, as the complaint requested. The House withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is personal information which can be disclosed without contravening any of the principles of the Data Protection Act 1998 and, consequently, that the exemption provided by section 40(2) of the Act does not apply. Therefore the Commissioner's decision is that the House has breached section 1(1) of the Act in that it incorrectly withheld the requested information on the basis that it was exempt under section 40(2). The steps required for compliance with Part 1 of the Act are specified in the Decision Notice, and in this case the Commissioner requires the House
of Commons to release the requested information to the complainant within 30 days of the date of the Decision Notice.
Section of the Act/EIR & Finding: FOI s.40(2) - Complaint Upheld
Full Transcript of Decision Notice FS50072319

Case Ref: FS50073129
Date: 15/02/06
Public Authority: British Broadcasting Corporation (BBC)
Summary: The complainant requested copies of all minutes from meetings held by the BBC's Board of Governors during the time period 16 - 31 January 2004. The BBC refused to disclose the information requested, citing the exemption provided by section 36 (2) (b) (ii) (prejudice to effective conduct of public affairs). The Commissioner confirmed that the requirement under this section of the Act that the decision be made by the appropriate qualified person exercising a reasonable opinion had been properly carried out. The Commissioner also agreed that section 36 (2) (b) (ii) had been correctly applied to the information sought. While acknowledging the public interest argument in favour of disclosure the Commissioner decided that, given the particular circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure.
Section of Act/EIR & Findings: FOI s.36(2)(b)(ii) - Complaint Not Upheld
Full Transcript of Decision Notice FS50073129


Case Ref: FS50070769
Date: 15/02/06
Public Authority: British Broadcasting Corporation (BBC)
Summary: The complainant requested a copy of the agenda and minutes of the special meeting of the BBC Board of Governors on 28 January 2004. The BBC refused to disclose the information requested, citing the exemption provided by section 36 (2) (b) (ii) (prejudice to effective conduct if public affairs). The Commissioner confirmed that the requirement under this section of the Act that the decision be made by the appropriate qualified person exercising a reasonable opinion had been properly carried out. The Commissioner also agreed that section 36 (2) (b) (ii) had been correctly applied to the information sought. While acknowledging the public interest argument in favour of disclosure the Commissioner decided that, given the particular circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure.
Section of Act/EIR & Findings: FOI s.36(2)(b)(ii) - Complaint Not Upheld
Full Transcript of Decision Notice FS50070769


Case Ref: FS50066295
Date: 15/02/06
Public Authority: British Broadcasting Corporation (BBC)
Summary: The complainant requested a copy of the minutes from the BBC's Board of Governors meeting held on 28 and 29 January 2004. The BBC refused to disclose this information requested, citing the exemption provided by section 36 (2) (b) (ii) (prejudice to effective conduct of public affairs). The Commissioner confirmed that the requirement under this section of the Act that the decision be made by the appropriate qualified person exercising a reasonable opinion was properly carried out. The Commissioner also agreed that section 36 (2) (b) (ii) had been correctly applied to the information sought. While acknowledging the public interest argument in favour of disclosure the Commissioner decided that, given the particular circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure.
Section of Act/EIR & Findings: FOI s36(2)(b)(ii) - Complaint Not Upheld.
Full Transcript of Decision Notice FS50066295


Case Ref: FS50081566
Date: 14/02/06
Public Authority: Department for Transport Air Accidents Investigation Branch (AAIB)
Summary: The complainant requested the registration details of five aircraft impounded on the night of 21 December 1988, the names of the airlines involved, the reason for the grounding of these aircrafts and the authority that implemented the action. When informed by the AAIB that the information was not held the complainant maintained that it did exist. Having investigated this matter the ICO is satisfied that the AAIB does not hold the information requested.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50081566


Case Ref: FS50096401
Date: 14/02/06
Public Authority: Civil Aviation Authority (CAA)
Summary: The complainant requested access to the registration details of five aircraft impounded on the night of 21 December 1988, the names of the airlines involved, the reason for the grounding of these aircrafts and the authority that implemented the action. The CAA informed the complainant maintained that it did exist. Having investigated this matter the ICO is satisfied that the CAA does not hold the information requested.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50096401


Case Ref: FS50072193
Date: 14/02/06
Public Authority: Kerrier District Council
Summary: The complainant requested information relating to an earlier complaint he had made about a planning matter, and following receipt of the information complained to the Commissioner as he considered the Council's response to be out of time. However, the Commissioner considered the matter and decided that the Council had complied with their statutory obligations by providing a response within 20 working days.
Section of Act/EIR & Finding: FOI s.10 Complaint Not Upheld
Full Transcript of Decision Notice FS50072193


Case Ref: FS50074158
Date: 14/02/06
Public Authority: London Borough of Brent (LBB)
Summary: The complainant requested copies of any documentation which resulted from an earlier complaint made to LBB about a planning issue. The public authority failed to respond within 20 working days and despite a follow up request did not provide a response until the Commissioner intervened. Therefore LBB failed to meet their obligations under the Act, but as LBB have now responded no further action is required.
Section of Act/EIR & Finding: FOI s.1 Complaint Upheld; FOI s.10 Complaint Upheld
Full Transcript of Decision Notice FS50074158