BBC (Other) [2020] UKICO fs50918278 (22 June 2020)
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BBC
In an eight part request, the complainant has requested information about the programme ‘Confronting Holocaust Denial with David Baddiel’. The BBC refused to comply with the request as it considered that all the requested information was held for the purposes of journalism, art or literature and was therefore outside the scope of the FOIA. The complainant disputed this. The BBC subsequently re-considered its response to part 3 of the request. It confirmed that it does not hold some of the information requested in that part and has refused to release other information under section 40(2) of the FOIA as it considers it to be the personal data of third persons. The Commissioner’s decision is as follows: The information requested in parts 1, 2, 4, 5, 6, 7 and 8 of the request, and elements of part 3 of the request, is derogated and does not fall within the scope of the FOIA. The BBC does not hold some of the information covered by three parts of part 3 of the request and has now complied with section 1(1)(a) of the FOIA in respect of this information. The remaining information that the complainant has requested in the above three parts is exempt from disclosure under section 40(2) of the FOIA as it is the personal data of third persons and disclosing it would not be lawful. Regarding its response to part 3, the BBC breached section 10(1) and 17(5) of the FOIA as it did not confirm that it does not hold some of the requested information or issue an appropriate refusal notice with regard to other information, within the required timescale. The Commissioner does not require the BBC to take any remedial steps.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: fs50918278
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50918278.html
