Summary: On 2 March 2009 the complainant submitted a Freedom of Information request to Ofcom regarding the number of complaints which Ofcom had received where the initial verdict had been overturned. Initially, Ofcom refused this request in general terms but then revised its approach and in its subsequent refusal relied upon cost considerations and applied section 12 of the Freedom of Information Act 2000 (the -˜Act-™). The Commissioner finds that section 12(1) has been correctly applied. He has also recorded a number of procedural breaches. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld, FOI 17 - Complaint Upheld