Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cabinet Office (Central government) [2023] UKICO 231534 (12 October 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/231534.html
Cite as: [2023] UKICO 231534

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Cabinet Office

The complainant has requested a copy of Mark Fullbrook’s government diary appointments. The Cabinet Office eventually disclosed some information to the complainant and applied section 35(1)(b) (Ministerial communications) and section 40(2) (personal data) to the remainder. The Commissioner’s decision is that section 35(1)(b) is engaged in respect of the withheld information and that the public interest favours maintaining the exemption in respect of part of the withheld information but not all of it. The Commissioner considers that the Cabinet Office has breached section 10(1) of FOIA as it did not confirm that it held information or provide the non-exempt information within the statutory time limit. It has also breached section 17 of FOIA as it did not provide the complainant with a refusal notice, specifying all the exemptions on which it came to rely, within the statutory time limit. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose to the complainant the calendar entries on specified in the confidential annex 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 FOIA and may be dealt with as a contempt of court.

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 35(1)(b): Complaint partly upheld

Decision notice: 231534