Ofcom
- Date 20 May 2022
- Sector Central government
- Decision(s) FOI 40(5): Not upheld
The complainant made a request for information relating to Kevin Bakhurst, Director of Ofcom and a potential role at the BBC. Ofcom refused to confirm or deny whether the requested information was held under section 40(5B)(a)(i) FOIA. The Commissioner considers that Ofcom 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.