Office of Communications
- Date 19 January 2012
- Sector Other
- Decision(s) FOI 41: Upheld, FOI 44: Partly upheld
The complainant requested information about complaints that were made to the Office of Communications (Ofcom) about certain adult broadcasts. The Information Commissioner’s decision is that Ofcom correctly applied section 44(1)(a) of the FOIA (prohibited from disclosure under any enactment) to the requested information with one exception. This relates to the wording of a complaint made by an individual concerning a programme broadcast by a business that had been dissolved at the time of the request. In relation to this information the Information Commissioner (the Commissioner) considers that Ofcom incorrectly applied section 44(1)(a) and section 41(1) of the FOIA (information provided in confidence). The Commissioner requires Ofcom to take the following steps to ensure compliance with the legislation: provide the requester with the wording of the complaint made by an individual concerning a programme broadcast by the business that had been dissolved at the time of the request. Information Tribunal appeal number EA/2012/0034 dismissed.