Department for Culture Media and Sport (Decision Notice) [2013] UKICO FS50493169 (18 September 2013)

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URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50493169.html
Cite as: [2013] UKICO FS50493169

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Department for Culture Media and Sport (Decision Notice) [2013] UKICO FS50493169 (18 September 2013)

Summary: The complainant requested a 2002 Olympic Bid report from the Department for Culture, Media and Sport (-DCMS-). DCMS cited the exemption at section 35(1)(a) (Formulation/Development of Government Policy) as its basis for withholding the information. It failed to provide an internal review. During the Commissioner-s investigation, it disclosed some of the requested information but withheld the remainder reiterating reliance on section 35. The Commissioner-s decision is that DCMS is not entitled to rely on section 35 as a basis for withholding the majority of the requested information that remains withheld. However, he does agree that some of the information is exempt under section 40 (unfair disclosure of personal data). Also, the DCMS failed to provide a refusal notice within the time required by the Act. In failing to do so, it contravened the requirements of section 10(1) of the Act. The Commissioner requires the public authority to disclose the remainder of the withheld information apart from the names of junior officials below SCS. These are exempt from disclosure under section 40(2) of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 35 - Complaint Upheld, FOI 40 - Complaint Not upheld

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URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50493169.html