Recent decisions

There are a large number of decisions coming out the ICO at the moment, I will do my best to track and comment, I understand the ICO plans to issue over 50 decisions over June. It is good to note that the decisions are now starting focus on more substantive exmeption based issues rather the more procedural emphasis in 2005.

One case of particular interest is the complaint (related to Environmental Resources Management Ltd (ERM)) upheld under the Enviromemtal Information Regulations (EIRs) (for those new to FOI, environmental information is exempt under the FOIA and dealt with under a separate access provision implemented from an EU Directive). The EIRs do not have specfic schedule of public authorities as the FOIA does but has greater catch all in S2 (2)c and d:

(c) any other body or other person, that carries out functions of public administration; or
(d) any other body or other person, that is under the control of a person falling within sub-paragraphs (a), (b) or (c) and -

(i) has public responsibilities relating to the environment;

(ii) exercises functions of a public nature relating to the environment; or

(iii) provides public services relating to the environment.

The Commissioner upheld the complaint stating ERM was covered by the EIRs. This has important implications for those trying to hold private sector organisations to account relating to public enviromental functions that have been outsourced or privatised.

Decisions:

Details at the ICO website or see the UCL decison database

Case Ref: FS50068826
Date: 14/06/06
Public Authority: Derby City Council
Section of Act/EIR & Finding: FOI s.42 - Complaint Not Upheld, s.40 - Not Considered
Full Transcript of Decision Notice FS50068826

Case Ref: FS50075947
Date: 14/06/06
Public Authority: North Down Borough Council
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.14(1) - Complaint Upheld
Full Transcript of Decision Notice FS50075947


Case Ref: FS50072299
Date: 13/06/06
Public Authority: Huntingdon Town Council
Case of Act/EIR & Finding: FOI s.42 - Complaint Not Upheld
Full Transcript of Decision Notice FS50072299


Case Ref: FER0086629
Date: 13/06/06
Public Authority: The Office of the Deputy Prime Minister
Section of Act/EIR & Finding: EIR Regulations 5 & 12(4)(e) - Complaint Partially Upheld
Full Transcript of Decision Notice FER0086629


Case Ref: FS50072939
Date: 12/06/06
Public Authority: MHRA (an executive agency of the Department of Health)
Section of Act/EIR & Finding: FOI s.38 - Complaint Not Upheld
Full Transcript of Decision Notice FS50072939


Case Ref: FS50083545
Date: 12/06/06
Public Authority: Home Office
Section of Act/EIR & Finding: FOI s.40 - Complaint Not Upheld
Full Transcript of Decision Notice FS50083545


Case Ref: FS50072180
Date: 12/06/06
Public Authority: Mid-Devon District Council
Section of Act/EIR & Finding: FOI s.1 - Complaint Partially Upheld, s.40 (2) - Complaint Partially Upheld, s.16 - Complaint Upheld, S.17 - Complaint Upheld
Full Transcript of Decision Notice FS50072180


Case Ref: FS50080302
Date: 08/06/06
Public Authority: East Sussex Hospitals NHS Trust
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld in part, s.10 - Complaint Upheld, s.17 - Complaint Upheld, s.40 - Complaint Not Upheld in part
Full Transcript of Decision Notice FS50080302


Case Ref: FS50069498
Date: 08/06/06
Public Authority: Pembrokeshire County Council
Section of Act/EIR & Finding: FOI s.40(2) - Complaint Upheld
Full Transcript of Decision Notice FS50069498


Case Ref: FS50089367
Date: 08/06/06
Public Authority: Plymouth City Council
Full Transcript of Decision Notice FS50089367


Case Ref: FER0090259
Date: 07/06/06
Public Authority: Environmental Resources Ltd
Section of Act/EIR & Finding: EIR regulation 5(1) - Complaint Upheld
Full Transcript of Decision Notice FS50090259


Case Ref: FS50088619
Date: 07/06/06
Public Authority: HM Treasury
Section of the Act/EIR & Finding: FOI s.35(1)(a) Complaint Upheld.
Full Transcript of Decision Notice FS50088619


Case Ref: FAC0070219
Date: 07/06/06
Public Authority: Salisbury District Council
Section of Act/EIR & Finding: FOI s.30(1) - Complaint Not Upheld, FOI s.31 - Complaint Not Upheld, FOI s.42 - Complaint Not Upheld
Full Transcript of Decision Notice FAC0070219


Case Ref: FS50089581
Date: 06/06/06
Public Authority: Devon and Cornwall Constabulary (DCC)
Section of Act/EIR & Finding: FOI s.1 and s.31 - Complaint Upheld
Full Transcript of Decision Notice FS50089581


Case Ref: FS50092045
Date: 06/06/06
Public Authority: London Borough of Hackney
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld
Full Transcript of Decision Notice FS50092045


Case Ref: FS50070739
Date: 06/06/06
Public Authority: Office of Fair Trading
Section of Act/EIR & Finding: FOI s.1(1) - Complaint Not Upheld
Full Transcript of Decision Notice FS50070739