Summary: The complainant requested information in relation to the public authority-™s investigation of a number of air incidents. The public authority identified 4 documents which it considered were captured by the complainant-™s request. It however withheld these documents by virtue of the exemptions contained in sections 41, 44(1)(a), and 31(1)(g) and by extension section 31(2)(e) of the Act. The Commissioner finds that three of the documents were correctly withheld under sections 41 and 44. He has however ordered the disclosure of the remaining document as it was incorrectly withheld under 31(1)(g). He also finds the public authority in breach of sections 1(1)(b), 10(1) for failing to disclose at the time of the request, the document he has ordered to be disclosed, and 17(1) (a), (b), and (c) for the late application of the exemption at section 31(1)(g). Information Tribunal appeal number EA/2009/0062 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 31 - Complaint Partly Upheld, FOI 41 - Complaint Partly Upheld, FOI 44 - Complaint Partly Upheld