BBC

The complainant submitted a twelve part request for information on the success of BBC’s Mentoring and Development Programme (MDP) and the continued development of the staff who participated in that programme, including those who self-identified as Black, Asian, Minority Ethnic (BAME). The BBC initially refused the first six parts of the request under section 40(2) - third party personal data, and the remainder under section 12 on the basis the cost of complying with those elements of the request would exceed the appropriate limit. Following an internal review the BBC maintained its reliance on section 40(2) in respect of some information, disclosed other information and, in effect, argued that it did not hold the remaining information. During the Commissioner’s investigation, the BBC applied section 12 – appropriate limit, to the entire request. The Commissioner’s decision is that the BBC is entitled to refuse to comply with the request on the basis that the cost of doing so would exceed the appropriate limit.  However the Commissioner is not satisfied that the BBC provided reasonable advice and assistance to the complainant which would allow the complainant to refine his request. This constitutes a breach of section 16. The Commissioner requires the BBC to provide the complainant with advice and assistance in accordance with its obligations under section 16.