Summary: The complainant asked DBERR for information concerning its investigation into their complaint about the activities of a named company, including the reasoning behind the Department-™s decision to take no further action. DBERR neither confirmed nor denied that it held the requested information, citing the exemptions in sections 30 and 43 of the Act. The Commissioner found that the exemptions were engaged and that the public interest in maintaining the exclusion of the duty to confirm or deny outweighed the public interest in disclosing whether DBERR holds the information. The Commissioner therefore found that DBERR had acted correctly in refusing to confirm or deny whether it held the information.
Section of Act/EIR & Finding: FOI 1 - Complaint Not upheld, FOI 30 - Complaint Not upheld, FOI 43 - Complaint Not upheld