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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Energy and Climate Change (Decision Notice) [2014] UKICO FS50536796 (28 April 2014)
URL: http://www.bailii.org/uk/cases/UKICO/2014/FS50536796.html
Cite as: [2014] UKICO FS50536796
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Department of Energy and Climate Change (Decision Notice) [2014] UKICO FS50536796 (28 April 2014)
Summary: The complainant has requested the release of a file relating to Atomic Energy. The Department for Energy and Climate Change (DECC) confirmed to the complainant that it held the information within the scope of the request. However DECC also informed the complainant that it was unable to provide a full response as further time was required to consider the public interest test in relation to section 24 of the FOIA. The complainant has received several letters advising on each occasion that additional time is required to consider the public interest test on this case. The Commissioner-™s decision is that DECC has breached section 10(1) of the FOIA. Although it has complied with section 17(1) in stating which exemption is to be relied upon, it has failed to comply with section 17(3) by not communicating the outcome of the public interest consideration within a reasonable time. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. DECC must respond to the complainant-™s request, either by disclosing the requested information or by issuing a refusal notice which includes the outcome of the public interest considerations.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld