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Department for Environment Food and Rural Affairs (Central government) [2022] UKICO 116938 (12 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-116938.html
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Department for Environment Food and Rural Affairs
The complainant requested correspondence relating to a draft letter and made a “meta-request” for correspondence generated as a result of that earlier request. The Department for Environment, Food and Rural Affairs disclosed the content of the emails, but redacted the names and contact details of some of the recipients, relying on section 40(2) of FOIA (third party personal data) in order to do so – although it subsequently disclosed one of the previously-withheld names. The Commissioner’s decision is that DEFRA is entitled to rely on section 40(2) of FOIA to withhold the remaining names. He is also satisfied that DEFRA holds no further information. As DEFRA did not disclose all the information, to which the complainant was entitled, within 20 working days, it breached section 10 of FOIA in respect of both requests. As it failed to issue a refusal notice in respect of the Meta-request within 20 working days it also breached section 17 of FOIA when responding to that request. The Commissioner does not require further steps.
FOI 17:
Complaint partly upheld
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice:
ic-116938