Information Commissioner's Office

Summary: The complainant requested a copy of -�the IPCC complaint referred to in [Ofcom-�s] Broadcast Bulletin Issue 114 of 21 July 2008-�. The public authority initially refused the request under the exemption provided by section 44 of the Act, that disclosure of the information was prohibited under any other enactment. Ofcom cited the prohibition on disclosure provided by section 393(1) of the Communications Act 2003. At internal review, Ofcom advised the complainant that the information he requested was now refused under section 21 of the Act because it was available to him by another means. The Commissioner-�s decision is that the information requested is available to the complainant as directed by Ofcom. However the requested information contains environmental information and Ofcom failed to consider the request under the Environmental Information Regulations. Some of the information was therefore not correctly refused by the public authority under section 21 of the Act and should have been refused under Regulation 6(1)(b). By its delayed responses, Ofcom breached Regulations 11(4) and 6(2)(a). Information Tribunal appeal number EA/2010/0010 part allowed.
Section of Act/EIR & Finding: FOI 21 - Complaint Not upheld, EIR 5 - Complaint Not upheld, EIR 6 - Complaint Not upheld, EIR 6 - Complaint Upheld, EIR 11 - Complaint Upheld