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You are here: BAILII >> Databases >> Information Commissioner's Office >> Foreign and Commonwealth Office (Central government ) [2017] UKICO FS50641158 (18 July 2017)
URL: http://www.bailii.org/uk/cases/UKICO/2017/FS50641158.html
Cite as: [2017] UKICO FS50641158
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Foreign and Commonwealth Office
18 July 2017, Central government
The complainant has requested information relating to the production assistance given by the Foreign and Commonwealth Office (FCO) in relation to two television programmes (FCO ref 1135-15). He then made a request for the meta data relating to that request and has also requested documents relating to programmes aired by the BBC (FCO ref 0547-16 and 0548-16). The FCO has disclosed information in relation to one programme detailed in the first request and stated that it holds no information falling within the scope of the request as it relates to the other programme. It had refused both subsequent requests citing section 14(1) FOIA. During the course of the Commissioner’s investigation, it withdrew its reliance on section 14 for both requests, disclosed the information in relation to 0547-16 and, following an extension of the public interest test, sought to withhold the information within the scope of 0548-16 on the basis of section 36 FOIA. The Commissioner’s decision is that in relation to the request under reference 1135-15 the FCO failed to disclose the requested information within the statutory time frame of 20 working days and has breached section 10 FOIA. It is her position that on the balance of probabilities the FCO has disclosed all of the information it holds within the scope of this request. In relation to the request held under 0548-16, the Commissioner’s decision is that having relied on section 14 initially, the refusal notice was issued in accordance with FOIA section 17(5) but that having withdrawn its reliance on section 14 and then excessively extending its public interest test considerations, the FCO breached section 17(3). During the course of the investigation, the FCO disclosed the information requested under reference 0547-16, but as this was disclosed outside of the statutory time frame, the Commissioner considers that the FCO has again breached section 10 FOIA.
FOI 1: Not upheld FOI 10: Upheld FOI 17: Upheld