Summary: The complainant requested information relating to Scientology. The public authority refused the request, citing the exemptions provided by sections 27(1)(a) (prejudice to international relations), 32(1)(a) (court records), 35(1)(a) (formulation or development of government policy), 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and to the free and frank exchange of views) and 42(1) (legal professional privilege). The public authority also introduced sections 40(2) (personal information) and 41(1) (information provided in confidence) during the Commissioner-™s investigation. The Commissioner finds that the exemptions provided by sections 27(1)(a), 35(1)(a), 36(2)(b)(i) and (ii) in part, 40(2) in part, 42(1) in part and 41(1) were applied incorrectly, but that sections 32(1)(a), 36(2)(b)(i) and (ii) in part, 40(2) in part and 42(1) in part did apply. The Commissioner also finds that the public authority breached the procedural requirements of sections 1(1)(b), 10(1) and 17(1) in its handling of the request. The public authority is required to disclose the information that the Commissioner has concluded was not exempt. Information Tribunal appeal number EA/2011/0069 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 27 - Complaint Upheld, FOI 32 - Complaint Not upheld, FOI 35 - Complaint Upheld