Summary: The complainant requested a copy of a PhD thesis that had been submitted to the University and was at that time embargoed from publication. The public authority confirmed that it held the relevant recorded information, but that it was not prepared to provide it because it believed that section 22(1) [information intended for future publication] and section 43(2) [likely to prejudice commercial interests] were appropriate exemptions. It maintained its position in an internal review and the complainant referred this matter to the Commissioner. The Commissioner has carefully considered this case and has found that section 22(1) has been applied appropriately to the withheld information. He has not been required to consider section 43(2) and requires no remedial steps to be taken.
Section of Act/EIR & Finding: FOI 22 - Complaint Not upheld