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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Culture, Media and Sport (Central government) [2023] UKICO 215451 (20 December 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/215451.html
Cite as: [2023] UKICO 215451
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Department for Culture, Media and Sport
The complainant has requested information relating to a meeting on 25 May 2022 between the Parliamentary Under-Secretary of State for Tech and the Digital Economy and the All-Party Betting and Gaming Group (APBGG) of MPs concerning the Gambling Review. The Department for Digital, Culture, Media & Sport 1 (DCMS) confirmed that they held information within scope of the request. They originally withheld the minutes of the meeting under section 21(1) of the FOIA (information reasonably accessible to the applicant) and applied section 36(2)(b)(i) to a briefing paper prepared for the Minister and section 36(2)(c) to a report provided by a third party. During the Commissioner’s investigation, DCMS withdrew reliance on section 36 and instead withheld the briefing paper under section 35(1)(a)(formulation or development of government policy). DCMS also applied section 41(1)(information provided in confidence) to withhold the third party report. CMS also withdrew reliance on section 21 and provided the complainant with a copy of the minutes of the meeting. The Commissioner’s decision is that DCMS correctly applied section 35(1)(a) to the briefing paper. However, the Commissioner has found that the balance of the public interest favours disclosure of some of the information contained in the paper. The Commissioner has found that the third party report is exempt in its entirety under section 41(1) of FOIA. The Commissioner requires DCMS to take the following steps to ensure compliance with the legislation: Disclose to the complainant the parts of the briefing paper specified in the Confidential annex attached to this notice. 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 35(1)(a): Complaint partly upheld FOI 41(1): Complaint not upheld
Decision notice: 215451