19 December 2017, Other
The complainant requested data relating to lessons learned within the BBC. The BBC refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) of the FOIA (cost of compliance). The complainant complained to the Commissioner that, in refusing his request, the BBC had not complied with section 16 of the FOIA – duty to provide advice and assistance. The Commissioner’s decision is that the BBC has breached section 16 of the FOIA, since it failed to provide the complainant with adequate advice and assistance in narrowing down his request. The Commissioner requires the public authority to take the following steps 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 16: Upheld