Summary: The complainant requested information from the BBC on the amount of money it received between 1997 and 2007 from the use of premium rate phone lines. The BBC refused to provide this information on the basis that it was held for the purpose of journalism, art or literature. During the course of the investigation the BBC also sought to rely on section 12 of the Act. The Commissioner has found that the BBC were not obliged to comply with the request by virtue of section 12(2) of the Act, as to establish if the information is held would exceed the appropriate cost limit. The Commissioner has also found that the BBC breached the requirements of sections 17(5) -˜refusal of a request-™, 1(1) and 10(1). The Commissioner requires the BBC to contact the complainant in order to refine his request in line with its duty under section 16 of the Act (duty to provide advice and assistance).
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld, FOI 17 - Complaint Upheld