Information Commissioner's Office

Department for Culture Media and Sport

11 August 2015, Central government

The complainant has requested information from the Department of Culture Media and Sport (DCMS) about the cuts to the grant in aid for the British Film Institute (BFI). DCMS disclosed some information falling within the scope of the request, redacted some information which was out of scope and refused to disclose the remainder of the information citing FOIA section 43 – commercial interests and FOIA section 40(2) – personal information. During the course of the investigation, the complainant confirmed he did not wish to challenge the application of section 40(2). The Commissioner’s decision is that DCMS has correctly applied section 43 and that the information ultimately deemed out of scope by DCMS does not fall within the scope of the request. Accordingly, DCMS has complied with section 1.  The Commissioner notes that some of the disclosed information has been disclosed during the course of his investigation and therefore outside of the statutory 20 day time limit. Accordingly he finds that DCMS has breached section 10(1) of the FOIA. He also finds it to have breached section 17(1) of the FOIA in respect of the time taken to inform the complainant of the aforementioned exemptions relied upon. The Commissioner does not require the public authority to take any steps.

FOI 1: Not upheld FOI 10: Upheld FOI 17: Upheld FOI 40: Not upheld FOI 43: Not upheld