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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Energy Security & Net Zero (Central government) [2023] UKICO 261140 (7 November 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/261140.html
Cite as: [2023] UKICO 261140
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Department for Energy Security & Net Zero
The complainant requested information from Department for Energy Security & Net Zero (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. The Commissioner’s decision is that the public authority has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA. The public authority must take this step 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. Following the issue of the Decision Notice it was brought to the Commissioner's attention that the public authority had responded to the request on 4 October 2023 and informed the Commissioner accordingly on 6 October 2023. The Commissioner regrets not having recognised that when issuing this Decision Notice. He therefore wishes to clarify this point and that the remedial step is therefore not required. However, the finding in the Decision Notice remains accurate due to the time taken to respond to the request. The Commissioner expects the public authority to take appropriate precautions to protect any personal data when disclosing information in a spreadsheet or similar format; Information Commissioner’s Office - Advisory note to public authorities | ICOFOI 10: Complaint upheld
Decision notice: 261140