BBC
- Date 3 April 2024
- Sector Other
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 3: Not upheld
The complainant requested communications between Adam Smyth and representatives of political parties in Northern Ireland. The BBC responded that the majority of the requested information was covered by the derogation and so was excluded from FOIA. However, the BBC also applied section 40(2) of FOIA (personal data) to a small amount of relevant information it held. The Commissioner’s decision is that the majority of the information is held by the BBC for the purposes of journalism, art or literature and so isn’t covered by FOIA. The remaining information is exempt from disclosure under section 40(2) of FOIA. The BBC breached section 10(1) and 17(1) of FOIA as it didn’t issue a response, or a valid refusal notice in respect of the personal data, within 20 working days of the request. It’s not necessary for the BBC to take any steps. Information Tribunal FT/EA/2024/0132 under appeal.