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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Decision Notice) [2013] UKICO FS50470600 (20 May 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50470600.html
Cite as: [2013] UKICO FS50470600
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Department for Work and Pensions (Decision Notice) [2013] UKICO FS50470600 (20 May 2013)
Summary: The complainant has requested from the Department of Work and Pensions (DWP) a copy of the legal advice supporting its position that publishing recordings of Work Capability Assessments (WCAs) may not be covered by section 36 of the Data Protection Act 1998 (DPA). This section relates to personal data processed by an individual for domestic purposes. The DWP claimed that the legal advice was exempt from disclosure under section 42(1) (legal professional privilege) of FOIA. The Commissioner-™s decision is that section 42(1) is engaged and that, in all the circumstances, the public interest in disclosure is outweighed by the public interest in maintaining the exemption. The Commissioner does not therefore require the DWP to take any steps as a result of this notice.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld