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You are here: BAILII >> Databases >> Information Commissioner's Office >> Foreign and Commonwealth Office (Decision Notice) [2012] UKICO FS50413946 (15 May 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50413946.html
Cite as: [2012] UKICO FS50413946
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Foreign and Commonwealth Office (Decision Notice) [2012] UKICO FS50413946 (15 May 2012)
Summary: The complainant requested information withheld under sections 35(1)(a) (information relating to the formulation or development of government policy) and 42(1) (legal professional privilege) in response to a previous request for information relating to a 1982 share sale in Zambia. The Foreign and Commonwealth Office (FCO) stated that all the information previously withheld under section 35(1)(a) had subsequently been disclosed to the third party who made the previous request. In relation to section 42(1), the FCO maintained that this exemption applied. The Commissioner-™s decision is that the FCO applied the exemption provided by section 42(1) correctly to all but one of the documents in relation to which it was cited. In relation to section 35(1)(a), the Commissioner finds that the response from the FCO did not meet the requirements of the FOIA. The Commissioner requires the public authority to disclose to the complainant the one document in relation to which the Commissioner has found that section 42(1) was not engaged and in relation to the information withheld from the previous requester under section 35(1)(a), respond to the complainant again with a confirmation or denial as to whether this information is held. Information Tribunal appeal EA/2012/0128 allowed.
Section of Act/EIR & Finding: FOI 35 - Complaint Upheld, FOI 42 - Complaint Partly Upheld