Information Commissioner's Office

Summary: The complainant requested all information compiled by Special Brach relating to the BBC during the 1980s. The public authority refused to confirm or deny (NCND) whether it held the information requested, citing the exemptions provided by sections 23(5) (information relating to, or supplied by, security bodies), 24(2) (national security), 31(3) (prejudice to law enforcement), 38(2) (endangerment to health and safety) and 40(5) (personal information). The Commissioner concludes that none of these exemptions are engaged. The public authority is required to provide the complainant with confirmation or denial as to whether the requested information is held. In relation to any information that is held, the public authority is required to either disclose this to the complainant, or provide him with a refusal notice which is valid for the purposes of section 17(1). The Commissioner also finds that the public authority did not comply with the requirements of section 10(1) by failing to provide confirmation or denial within 20 working days of receipt, and of sections 17(1), 17(1)(c) and 17(3)(a) by issuing an inadequate and late refusal notice. Information Tribunal appeal number EA/2010/0063 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 23 - Complaint Upheld, FOI 24 - Complaint Upheld, FOI 31 - Complaint Upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Upheld