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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Health (Decision Notice) [2011] UKICO FS50312407 (26 April 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50312407.html
Cite as: [2011] UKICO FS50312407
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Department of Health (Decision Notice) [2011] UKICO FS50312407 (26 April 2011)
Summary: The complainant made a request to the Department of Health for information it held in relation to the plain packaging of tobacco products. The public authority refused the request under section 35(1)(a) (Formulation and development of government policy). Some information was subsequently disclosed at the internal review stage and some other information was disclosed during the course of the Commissioner-™s investigation. However, a small amount of information continued to be withheld. The Commissioner has considered the complaint and has found that in respect of the remaining undisclosed information, the section 35(1)(a) exemption is engaged but that the public interest in maintaining the exemption does not outweigh the public interest in disclosure. The public authority also cited the section 40 (personal information) and section 42 (legal professional privilege) exemptions during the course of the investigation but the Commissioner has decided that these exemptions are not engaged. The Commissioner also found that in its handling of the request the public authority breached section 1(1)(b), section 10(1) and section 17(1) and now requires the public authority to disclose the withheld information within 35 calendar days of the date of this notice.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Upheld, FOI 40 - Complaint Upheld, FOI 42 - Complaint Upheld