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 >> Department for Culture Media and Sport (Decision Notice) [2011] UKICO FS50401744 (03 November 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50401744.html
Cite as: [2011] UKICO FS50401744
[New search] [Printable PDF version] [Help]
Department for Culture Media and Sport (Decision Notice) [2011] UKICO FS50401744 (03 November 2011)
Summary: The complainant requested various information from the Department for Culture, Media and Sport (DCMS) concerning HTTP cookies and spyware and organisations that may produce this type of software. DCMS stated that some of the information requested was not held, and refused other requests on various grounds. The Commissioner-™s decision is that DCMS was correct to state that some of the information was not held and withheld other information correctly. However, the Commissioner has also found that DCMS cited section 12 (cost limit) of the FOIA incorrectly and that it applied the exemption provided by section 40(2) (personal information) incorrectly in relation to information about senior officials. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. In relation to requests (ii) and (v), disclose to the complainant the relevant information relating to senior officials. In relation to request (iv), contact the complainant to seek clarification as to what information is sought, and provide advice and assistance as to how this request may be refined to bring it within the cost limit. If the complainant chooses to respond with a refined request, DCMS should respond to this in accordance with the FOIA by either disclosing the requested information, or giving valid reasons under the Act for why this information will not be disclosed.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 12 - Complaint Upheld, FOI 40 - Complaint Partly Upheld