Information Commissioner's Office

BBC

23 March 2017, Other

In two requests, the complainant has requested information from the BBC about incidents of inappropriate sexual behaviour and incidents of nudity.  The BBC provided the complainant with web links to where some information relating to the first request is published.  It withheld some information under section 22(1) of the FOIA because this information was intended for future publication.  With regard to the second request, the BBC initially said it holds no relevant information.  During the Commissioner’s investigation the BBC confirmed that it was not obliged to comply with the second request because to establish whether or not it holds relevant information would exceed the appropriate cost limit under section 12(2) of the FOIA. The Commissioner’s decision is that the BBC: correctly applied section 22(1) to Request 1 and that the public interest favoured maintaining the exemption; is not obliged to confirm or deny it holds information within the scope of Request 2 as to do so would exceed the appropriate limit under section 12(2) of the FOIA; but breached section 16(1) with regard to Request 2 because it did not offer appropriate advice and assistance. The Commissioner requires the BBC to take the following step to ensure compliance with the legislation: provide the complainant with appropriate advice and assistance in accordance with its obligations under section 16(1) of the FOIA.

FOI 12: Not upheld FOI 16: Upheld FOI 22: Not upheld