BBC

The complainant made a request for
information relating to Kevin Bakhurst, Director of Ofcom and any potential role
at the BBC and in particular the role of Director of BBC News. BBC refused to
confirm or deny whether the requested information was held under section
40(5B)(a)(i) FOIA. The Commissioner considers that the BBC incorrectly applied
section 40(5B)(a)(i) FOIA. The Commissioner requires the public authority to
issue a fresh response, which must confirm or deny whether the requested information is held, and either disclose the requested information or issue a valid refusal notice compliant with section 17 of the FOIA.