14 August 2008, Other
The complainant requested expense details in relation to BBC Scotland and Reporting Scotland. The BBC refused to provide the information on the basis that it was not a public authority in relation to the complainant’s request because the information was held for the purpose of journalism, art or literature within the meaning set out in Schedule 1 of the Act. As an alternative argument the BBC has applied the exemption under section 12 of the Act to withhold the information from the complainant. After a careful evaluation of the nature of the request, and the relevant provisions of the Act, the Commissioner’s decision is that the BBC has incorrectly applied Schedule 1 and that the information is held for purposes other than those of journalism, art and literature. The Commissioner also finds that the exemption under section 12 is engaged and that the BBC should contact the complainant in order to refine his request in line with its duty under section 16 of the Act.
FOI 17: Upheld FOI 16: Upheld FOI 12: Not upheld