Information Commissioner's Office

BBC

10 November 2016, Other

In a four part request, the complainant has requested information about an instance of whistleblowing in 2012. The British Broadcasting Corporation (‘the BBC’) says it does not hold information within the scope of one part and cannot categorially verify that it holds information within the scope of one other part. The BBC says that, under section 40(5)(b)(i) of the FOIA, it not obliged to confirm or deny that it holds the information requested in the remaining two parts because do to do so would reveal the personal data of a third person. The Commissioner’s decision is that: On the balance of probabilities, the BBC does not hold information that falls within the scope of parts 1 and 4 of the request. Under section 40(5)(b)(i), the BBC is correct to neither confirm nor deny it holds the information requested at parts 2 and 3 of the request as to do so would release the personal data of a third person. The Commissioner does not require the BBC to take any steps.

FOI 1: Not upheld FOI 40: Not upheld