Friday, May 19, 2006

Two new decision notices

Case Ref: FS50070198
Date: 08/05/06
Public Authority: The Office of Gas and Electricity Markets
Summary: The complainant's request for complete and unabridged information on the accuracy of domestic and non-domestic meters was refused under section 44 of the Act (prohibitions on disclosure). The public authority argued that section 105 of the Utilities Act 2000 provided a statutory bar on disclosing the information, and after a careful review of the relevant statutes and submissions received from both parties the Commissioner has agreed with Ofgem that the statutory prohibition cited was applicable. The information is therefore exempt under section 44.
Section of Act/EIR & Finding: FOI s.44(1)(a) - Complaint Not Upheld
Full Transcript of Decision Notice FS50070198

Case Ref: FS50102683
Date: 05/05/06
Public Authority: General Register Office (GRO) / Office for National Statistics (ONS)
Summary: The complainant requested a copy of a letter submitted to the GRO following a complaint about irregularities in the registration of the death of the complainant's brother. The GRO, and subsequently the ONS which conducted the internal review, refused to provide access to the information on the grounds that it was exempt for disclosure under section 41 of the Act as to release would create an actionable breach of confidence. Following an investigation the Commissioner decided that in this case the individual who submitted the information in question had a reasonable expectation that it would be treated in confidence.
Section of Act/EIR & Finding: FOI s.41 - Complaint Not Upheld
Full Transcript of Decision Notice FS50102683

The ICO website also contains a new section for enforcement notices...wonder if some are pending?

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