Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Science, Innovation & Technology (Central government) [2023] UKICO 200821 (28 September 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/200821.html
Cite as: [2023] UKICO 200821

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Department for Science, Innovation & Technology

The complainant has requested information concerning correspondence and meetings between Daniel Korski and DCMS which concern Public Group or its clients. DCMS confirmed that they held information within scope of the request but that this information was exempt from disclosure under section 36(2)(b)(ii) of FOIA (prejudice to effective conduct of public affairs) and that the balance of the public interest favoured maintaining the exemption. The Commissioner’s decision is that section 36 is not engaged in this case as the information withheld by DCMS is not information within scope of the complainant’s request. Consequently, the Commissioner has found that DCMS breached section 1(1) of FOIA by not providing a response to the information request made by the complainant. The Commissioner has also found that DCMS breached section 10(1) of FOIA in that they took in excess of 20 working days to provide a response to the request. The Commissioner requires DCMS to take the following steps to ensure compliance with the legislation: • Provide the complainant with a fresh response to his request on a correct reading of the same. The public authority 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: Complaint upheld

Decision notice: 200821