BBC

The complainant requested information from the BBC about communications between BBCNI and the Department of Health relating to what material BBCNI broadcasts or publishes. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA.

The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so is not covered by FOIA. He therefore upholds the BBC’s position. However, the Commissioner finds that the BBC breached section 10(1) of FOIA as it failed to confirm whether or not the requested information was held for the purposes of FOIA within the statutory 20 working days.

The Commissioner requires no steps to be taken in this case.