Information Commissioner's Office

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. The Infomation Tribunal has ruled on this decision and has upheld the appeal.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld