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BBC (Other) [2022] UKICO 121434 (30 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-121434.html
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BBC
The complainant has requested information regarding enforcement of licence fees. The British Broadcasting Corporation disclosed some information but relied on sections 31 (law enforcement) and 36 (prejudice to the effective conduct of public affairs) of FOIA to withhold the remainder. The Commissioner’s decision is that none of the limbs of section 36 are engaged and therefore the BBC is not entitled to rely on this exemption. The Commissioner also considers that the BBC failed to complete its public interest deliberations in respect of elements [D2], [E1] and [E2] within a reasonable timeframe and therefore breached sections 10(3) and 17(3) of FOIA. The Commissioner requires the BBC to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the two reports it has withheld. The BBC may make appropriate redactions to remove personal data.
FOI 10:
Complaint upheld
FOI 17(3):
Complaint upheld
FOI 36:
Complaint upheld
Decision notice:
ic-121434