Summary: The complainant requested information held by Special Branch that related to the BBC and that dated from the 1990s. The public authority refused to confirm or deny whether it held information falling within the scope of this request, citing the exemptions provided by the following sections of the Act: 23(5) (information supplied by, or relating to, security bodies), 24(2) (national security) and 31(3) (prejudice to law enforcement). The Commissioner finds that section 23(5) is engaged and so the public authority is not required to confirm or deny if it holds information within the scope of the request. However, the Commissioner also finds that the public authority failed to comply with sections 17(1) and 17(3)(a) in its handling of the request.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 23 - Complaint Not upheld