Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cabinet Office (Central government) [2023] UKICO 118314 (27 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/118314.html
Cite as: [2023] UKICO 118314

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Cabinet Office

The complainant has requested departmental communications concerning the Government’s rebuttal response to a Sunday Times article about the Government response to the emerging Covid-19 pandemic in early 2020. The Cabinet Office maintained that of the information held concerning this matter, only one email fell within the scope of the complainant’s request and that this information was withheld under section 36(2)(b)(ii)(prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Cabinet Office wrongly interpreted the scope of the request and that all of the related information held is within scope of the request. The Commissioner is satisfied that all of the information held is exempt under section 36(2)(b)(ii) but considers that the balance of the public interest favours disclosure of the information. The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation: • Disclose all of the email chains held within the correct scope of the request (i.e. all the related emails held) subject to appropriate redactions for information exempt under section 40(2)(third party personal data). The Cabinet Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 36(2)(b)(ii): Complaint upheld

Decision notice: 118314