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You are here: BAILII >> Databases >> Information Commissioner's Office >> Government Actuarys Department (Decision Notice) [2012] UKICO FS50420602 (20 September 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50420602.html
Cite as: [2012] UKICO FS50420602
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Government Actuarys Department (Decision Notice) [2012] UKICO FS50420602 (20 September 2012)
Summary: The complainant has requested information concerning a review of the commutation factors for police pensions carried out by the Government Actuary-™s Department (GAD). The GAD stated that some of the information requested was not held and cited the exemption provided by section 35(1)(a) (formulation or development of government policy) in relation to other information. The Commissioner-™s decision is that the GAD was correct in stating that some information was not held, but that in relation to other information it was incorrect and in breach of section 1(1)(a) of the FOIA to state this. In relation to the citing of section 35(1)(a), the Commissioner finds that this exemption was not engaged and so it was cited incorrectly. The Commissioner requires the GAD to take the following steps to ensure compliance with the legislation. In relation to the information covered at paragraph 16 below which the section 1(1)(a) breach concerns, the GAD is now required to either disclose this to the complainant, or issue a refusal notice in line with the requirements of section 17. In relation to the information for which section 35(1)(a) was cited, the GAD is now required to disclose this to the complainant.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 35 - Complaint Upheld