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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Energy and Climate Change (Decision Notice) [2012] UKICO FER0369838 (06 February 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FER0369838.html
Cite as: [2012] UKICO FER369838, [2012] UKICO FER0369838
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Department of Energy and Climate Change (Decision Notice) [2012] UKICO FER0369838 (06 February 2012)
Summary: The complainant has requested a copy of a letter from Chris Huhne, the then Secretary of State for Energy and Climate Change to George Osborne, Chancellor of the Exchequer. The Department for Energy and Climate Change (DECC) refused to provide the requested information under section 35(1)(b) of the Freedom of Information Act 2000 (FOIA) and section 12(4)(e) of the Environmental Information Regulations 2004 (EIR). During the course of the Commissioner-™s investigation it became apparent that the withheld information was available to access on web.archives.org which also demonstrated that it was available on www.Parliament.UK around the time of the request. In light of this, the DECC confirmed to the complainant that the letter which can be accessed on web.archives.org was the withheld information and that section 21 FOIA and regulation 6(1)(b) EIR were applicable. The Commissioner-™s decision is that the DECC has correctly applied section 21 FOIA and regulation 6(1)(b) EIR. The Commissioner requires no steps to be taken. Information Tribunal appeal number EA/2012/0037 dismissed.
Section of Act/EIR & Finding: FOI 21 - Complaint Not upheld, EIR 6 - Complaint Not upheld