16 October 2007, Central government
The complainant, through his solicitors, asked the public authority for the audio record of his trial. The public authority withheld the information on the basis of sections 32 and 21 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that neither section was engaged and that the public authority should therefore disclose the requested information to the complainant. He also decided that the public authority had delayed in providing the complainant with its refusal notice, in breach of section 17(1) of the Act. This decision notice is currently under appeal to the Information Tribunal.
FOI 10: Upheld