Information Commissioner's Office

Department of Culture Arts and Leisure

22 July 2015, Central government

The complainant has made a number of requests to the Department of Culture, Arts and Leisure (DCAL) broadly relating to the Libraries NI Board Member appointment competition or other public appointments. DCAL disposed of a number of the requests to the complainant’s satisfaction but the complainant remained concerned about DCAL’s decision to withhold parts of the requested information. The concerns have been separately considered by the Commissioner under three complaint headings; FS50550293, FS50556269 and FS50554634. The Commissioner’s findings are as follows. FS50550293 - the Commissioner has found that DCAL was correct to withhold some but not all of the requested box marking information under section 40(2) (‘third party personal data’) of FOIA. FS50556269 – for information relating to an appointment process, the Commissioner has decided that DCAL correctly applied sections 36(2)(b)(i) and (ii) (‘prejudice to the effective conduct of public affairs’) and section 40(2) and, with regard to the application of the 36(2)(b) exemptions, found the public interest favoured maintaining the exemption. FS50554634 - the Commissioner has determined that advice given to a Minister about the filling of vacant roles engaged section 42(1) (‘legal professional privilege’) and considers the public interest favoured withholding the information. The effect of these findings is that the Commissioner requires DCAL to disclose the requested information considered under case FS50550293, with the exception of the information captured by requests 9(e) and 10(e) which is exempt under section 40(2). For cases FS50556269 and FS50554634, DCAL is not obliged to take any further action as a result of this notice. The public authority must take the step specified above within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2015/0179 withdrawn.

FOI 36: Not upheld FOI 40: Partly upheld FOI 42: Not upheld