Information Commissioner's Office

Summary: On 23 February 2005 the complainant sought disclosure of correspondence passing between a senior BBC office-holder and a government adviser dating from 2 April 2004. The BBC withheld the information, placing reliance upon the exemption under section 40 of the Act, and subsequently upheld its decision on review. The Commissioner considered the correspondence passing between the parties and submissions from the BBC in which it was further argued that the information was not -�held by the authority otherwise than on behalf of another person-� for the purposes of section 3 (2) of the Act. The Commissioner viewed the information, before deciding to uphold the decision of the BBC having regard to the provisions under sections 3(2) and 40 (3) of the Act.
Section of Act/EIR & Finding: FOI 3 - Complaint Not upheld, FOI 40 - Complaint Not upheld