30 August 2007, Central government
The complainant requested from the Department for Constitutional Affairs (DCA), which has since been replaced by the Ministry of Justice, “the Attorney General’s advice over the ‘public interest’ test and its interpretation under the Freedom of Information Act.” The DCA refused to confirm or deny whether it held the requested information, applying section 35(1)(c) of the Act (Law Officers’ advice). The Commissioner has found that the DCA’s decision was in accordance with the Freedom of Information Act. However, he has also decided that the refusal notice issued by the public authority did not fully conform to the requirements of section 17 of the Act.
FOI 17: Upheld