Department for Transport (Central government) [2019] UKICO fs50767176 (27 February 2019)
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Department for Transport
The complainant has requested from the Department for Transport (DfT) information about the Train Service Requirement for the Hull-Scarborough route. DfT has released some information, withholding some under sections 40(2)(personal data), 41(1) (information provided in confidence) and 43(2) (commercial interests). The complainant considered that DfT holds further relevant information. The Commissioner’s decision is as follows: DfT originally breached section 1(1) of the FOIA as it holds further relevant information that it had not identified in its original response to the complainant. On the balance of probabilities the Commissioner is satisfied that DfT now holds no further information falling within the scope of the complainant’s request. DfT breached section 10(1) with regard to the additional information it identified in the course of the Commissioner’s investigation. DfT complied with section 10(3) of the FOIA with regard to the length of time it originally took to comply with the request. The Commissioner requires DfT to take the following step to ensure compliance with the legislation: If it has not already done so, release to the complainant the additional information it has now identified that it holds, that is discussed at paragraphs 47 to 51 of this notice.
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: fs50767176
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50767176.html
