Information Commissioner's Office

Department for Work and Pensions

8 September 2008, Central government

The complainant made a request for information to the Department for Work and Pensions (the ”DWP”) for the number of Parliamentary Questions (“PQs”) for Written Answer that had been colour coded red under a ”traffic light” system for colour coding PQs. The complainant asked for the information to be broken down in respect of one specific MP and collectively for other MPs. The DWP refused the request stating that the information held was exempt under section 35(1) (d) of the Act. After investigating the case, the Information Commissioner finds that the first element of the request should properly have been treated as a subject access request within the terms of the Data Protection Act 1998. The Commissioner has weighed up the public interest arguments for and against disclosure under section 35(1) (d) of the Act applied by the DWP and finds that the balance of the public interest in maintaining the exemption does not outweigh the public interest in disclosure of the information. He therefore requires the DWP to disclose to the complainant the information which was the subject of the second element of his request. The Commissioner also finds that DWP, breached the requirements of sections 1(1) (b), 10(1) and 17(1).

FOI 10: Upheld FOI 17: Partly upheld FOI 35: Upheld