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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Education (Decision Notice) [2010] UKICO FS50260412 (20 December 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50260412.html
Cite as: [2010] UKICO FS50260412
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Department for Education (Decision Notice) [2010] UKICO FS50260412 (20 December 2010)
Summary: The complainant requested a copy of Phorm-™s application to join the UK Council for Child Internet Safety from the Department for Children, Schools and Families. The public authority refused to provide the requested information as it considered the information to be exempt under section 43(2) of the Freedom of Information Act 2000 and that the public interest in maintaining the exemption outweighed the public interest in disclosure. During the investigation, the public authority argued that it may not hold the requested information. Further, it suggested that the request was vexatious under section 14(1) and that section 41 applied to the information. The Commissioner has investigated and has concluded that the requested information is held by the public authority for the purposes of the Act. He refused to consider the applicability of sections 14(1) and 41 as these were cited at a late stage in the investigation. The Commissioner has found that some information was properly withheld however that section 43(2) doesn-™t apply to the remaining information. The Commissioner requires this information to be disclosed. In addition, the Commissioner has noted some procedural breaches of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 43 - Complaint Partly Upheld