Information Commissioner's Office

Summary: The complainant requested information relating to the breaches of the Data Protection European Directive that the European Commission has alleged have been committed by the UK. The public authority refused the request, citing the exemptions provided by sections 27(1)(c) (prejudice to the interests of the UK abroad) and 27(2) (confidential information obtained from a state other than the UK, or from an international organisation or international court) of the Freedom of Information Act. The Commissioner finds that neither of the exemptions cited by the public authority are engaged in relation to request (i) and, in relation to the other requests, that these exemptions are engaged but that the public interest in the maintenance of these exemptions does not outweigh the public interest in disclosure for request (ii), the information caught by requests (iii) and (iv) was correctly withheld. The Commissioner also found that the public authority breached sections 1(1)(b) and 10(1) of the Act in failing to disclose the information caught by requests (i) and (ii) within twenty working days of receipt of the request. The Commissioner has also found that the public authority breached section 17(1) by responding to the request late. The public authority is now required to disclose the information caught by requests (i) and (ii). Information Tribunal appeal number EA/2011/0116 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 27 - Complaint Partly Upheld