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You are here: BAILII >> Databases >> Information Commissioner's Office >> Home Office (Decision Notice) [2013] UKICO FS50474177 (17 June 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50474177.html
Cite as: [2013] UKICO FS50474177
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Home Office (Decision Notice) [2013] UKICO FS50474177 (17 June 2013)
Summary: The complainant requested submissions to Home Office Ministers regarding the proposed filtering mechanism set out in the draft Communications Data Bill. In particular the complainant sought (a) submissions on the operation of the mechanism; (b) submissions on the risks associated with the mechanism; and (c) submissions on the costs of operating the mechanism. The Home Office withheld information falling within the scope of parts (a) and (b) on the basis of section 35(1)(a) (government policy) of FOIA but refused to confirm or deny whether it held any further information on the basis of section 23(5) (security bodies) of FOIA. The Home Office argued that all of the information it held falling within the scope of part (c) was available online and thus was exempt on the basis of section 21 (information reasonably accessible via other means). The Commissioner is satisfied that the Home Office is entitled to rely on all three of these exemptions. However, by only citing section 21 during the course of the Commissioner-™s investigation the Home Office has breached section 17(1) of FOIA by failing to issue a timely refusal notice.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 21 - Complaint Not upheld, FOI 23 - Complaint Not upheld, FOI 35 - Complaint Not upheld