Information Commissioner's Office

Summary: The complainant requested calibration data for a sample test carried out on a specific date in 1997. This information was initially withheld by the public authority under section 38. During the investigation of this case the public authority claimed that the information required by the complainant was not held. After investigating the case the Commissioner is satisfied that the information is not held by the public authority. However, as the public authority did not inform the complainant that it did not hold the information within the statutory time limit the Commissioner believes that it acted in breach of sections 1(1)(a) and 10(1) of the Act. As the public authority does not hold the information in question the Commissioner has not ordered that any further steps are taken. Information Tribunal appeal number EA/2010/0104 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld