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Information Commissioner

  • Date 22 June 2022
  • Sector Other
  • Decision(s) FOI 21: Not upheld, FOI 22: Upheld

The complainant has requested a dataset of open casework. The Information Commissioner relied on section 21 (reasonably accessible) and section 22 (intended for future publication) of FOIA to withhold the information. The Commissioner’s decision is that the ICO has not demonstrated that section 22 applies and is therefore not entitled to rely on the exemption. The Commissioner also considers that the data prior to Q2 of 2019-20 was reasonably accessible to the complainant at the point the request was responded to and thus exempt from disclosure. The Commissioner requires the ICO to take the following steps to ensure compliance with the legislation: disclose, to the complainant, any relevant data from the ICE360 casework system for Q3 2019-20, Q4 2019-20, Q1 2020-21, Q2 2020-21 and Q3 2020-21. The data should be provided in in the same format as the published data for Q4 2020-21 and Q1 2021-22, so as to allow for comparison.