Information Commissioner's Office

Summary: The complainant has requested information from the Department of Health (-�DOH-�) on the plain packaging of tobacco products. After initially refusing this request on the basis that any information would relate to the formulation of government policy the DOH then, at the internal review, sought to withhold the information as to provide it would exceed the cost limit (section 12 of the FOIA). The complainant asked the Commissioner to consider whether the DOH was able to rely on the section 12 exemption at such a late stage in the investigation. The Commissioner-�s decision is that the DOH can rely on section 12, despite the late claiming of this exemption, and the cost estimates provided confirm that to provide the information would exceed the appropriate limit. The Commissioner has also determined that the DOH breached section 16 of the FOIA in handling the request. The Commissioner requires the public authority to provide advice and assistance to allow the complainant to refine the request to bring it within the cost limit.
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld