Summary: The complainant requested photographs taken by Andrew Parsons during the period he was an employee of the Cabinet Office. The Cabinet Office provided publically available photographs. On internal review it argued that any unused photographs were exempt under section 36 (effective conduct of public affairs). It reviewed the matter again once the Commissioner began his investigation. Following a further review, it stated that, in fact, it did not hold any unused photographs taken by Mr Parsons and that it had relied on section 36 in error. The Commissioner-™s decision is that the Cabinet Office does not hold any unused photographs within the scope of the complainant-™s request. However, it contravened the Act by failing to tell the complainant about this within 20 working days of his request. The Commissioner does not require the Cabinet Office to take any further steps in relation to its request. This is because it has already written to the complainant to advise that it does not hold any unused photographs.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld