Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Information Commissioner's Office (Other) [2019] UKICO fs50847225 (21 November 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50847225.html
Cite as: [2019] UKICO fs50847225

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Information Commissioner's Office

The complainant has requested from the ICO a copy of its policy in compliance with Schedule 1 Part 4 of the Data Protection Act 2018 (having an appropriate policy document in place when processing personal data on reliance on a condition in Part 1, 2 or 3 of the schedule). The ICO initially applied section 22 of the FOIA to withhold the information. During a review of its handling of the request the ICO changed its position and denied holding information within the scope of the request. However, during the course of the Commissioner’s investigation the ICO reverted back to its original position applying section 22 of the FOIA to withhold the requested information. The Commissioner’s decision is that the ICO was correct to apply section 22 of the FOIA in this case and that the public interest in favour of disclosure is outweighed by the public interest in favour of maintaining the exemption. She however found that the ICO had not complied with the section 45 FOIA code of practice in that it provided its response to the request for an internal review outside the specified time frame. The Commissioner does not require any steps to be taken as a result of this decision notice.

FOI 22: Complaint partly upheld

Decision notice: fs50847225