BBC

The complainant has requested all documents held by the BBC relating to Test Match Sofa. The BBC refused the request for information and explained the information was covered by the derogation and excluded from FOIA. It further said that if the information was not covered by derogation, it would be exempt under section 43(2) (commercial interests), section 40(2) (third party personal data) and section 42 (legal professional privilege). The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. He therefore upholds the BBC’s position that the information requested is derogated and requires no remedial steps to be taken in this case. Information Tribunal EA/2014/0253 dismissed.