Information Commissioner's Office

BBC

22 February 2007, Other

The complainant requested information concerning legal advice received by the public authority on the issue of whether the television licence fee is compliant with the Human Rights Act 1998. The public authority confirmed that information falling within the scope of this request is held by it. However, this information was withheld on the grounds that it attracted legal professional privilege and thus that the exemption provided by section 42 applied. The public authority also found that the public interest in maintaining this exemption outweighed the public interest in disclosure. The Commissioner finds that the exemption provided by section 42 applies to the information requested in this case. The Commissioner further finds that in this case the public interest in maintaining the exemption outweighs the public interest in disclosure. However, the Commissioner also found that the public authority did not comply with its obligations under section 17 of the Act pertaining to refusal notices. The Information Tribunal has ruled on this decision and has dismissed the appeal.

FOI 42: Not upheld