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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Environment Food and Rural Affairs (Decision Notice) [2013] UKICO FS50465448 (11 March 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50465448.html
Cite as: [2013] UKICO FS50465448
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Department for Environment Food and Rural Affairs (Decision Notice) [2013] UKICO FS50465448 (11 March 2013)
Summary: The complainant has requested from the Animal Health and Veterinary Laboratories Agency of DEFRA (AHVLA) a list of UK operators holding a UK animal transporter authorisation along with their relevant authorisation numbers. AHVLA refused the request relying on section 40(2) of FOIA (personal information) and section 41(1) (information provided in confidence). During the course of the Commissioner-™s investigation, AHVLA additionally relied upon the health and safety (section 38(1) FOIA) exemption. The Commissioner-™s decision is that AHVLA has correctly relied upon the section 38(1) FOIA exemption and that the balance of the public interest favours maintaining the exemption. He also found AHVLA in breach of section 17(1) FOIA in providing an inadequate refusal notice and in not including the section 38(1) FOIA exemption in its refusal notice. The Commissioner requires the public authority to take no steps to ensure compliance with the legislation.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 38 - Complaint Not upheld