British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Intellectual Property Office (Decision Notice) [2011] UKICO FS50351439 (16 February 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50351439.html
Cite as: [2011] UKICO FS50351439
[New search] [Printable PDF version] [Help]
Intellectual Property Office (Decision Notice) [2011] UKICO FS50351439 (16 February 2011)
Summary: The complainant requested six items of information that had been withheld previously in relation to a different request and considered by the Commissioner in FS50301299. This concerned the legal advice that was commissioned about how the public authority was to handle an earlier request. The public authority issued a response and explained that it believed that all the relevant recorded information was exempt by virtue of section 42 [legal professional privilege] and that the public interest in maintaining that exemption outweighed the public interest in disclosure. It did not offer an internal review given that the Commissioner had already considered the information previously. The Commissioner has carefully considered this case. He has determined that the information was covered by legal professional advice privilege and he continues to believe that the public authority was correct that the public interest in maintaining that exemption did outweigh the public interest in disclosure in this case. He has therefore finds that section 42(1) has been applied correctly and upholds the public authority-™s position. He did find a procedural breach of section 17(1)(b), but requires no remedial steps to be taken in this case. Information Tribunal appeal number EA/2011/0072 dismissed.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 42 - Complaint Not upheld