25 September 2008, Education (University)
The complainant requested the standard operating procedures used by the public authority when testing for the use of performance enhancing substances by athletes. The public authority refused the request, citing sections 38(1)(a) (health and safety) and 43(2) (commercial interests) of the Act. The Commissioner has concluded that the health of sports people would be likely to be endangered through disclosure and has upheld the public authority’s application of section 38(1)(a). However, the Commissioner has also concluded that the refusal notice issued by the public authority was inadequate and in breach of section 17. As the section 38(1)(a) conclusion covers the entirety of the information falling within the scope of the request, it has not been necessary for the Commissioner to reach any conclusion in respect to section 43(2).
FOI 38: Not upheld FOI 17: Upheld FOI 17: Upheld