BBC (Other) [2021] UKICO IC-38737 (12 February 2021)
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BBC
The complainant requested information from the BBC about how much it had spent in defending an equal pay claim brought by the journalist Samira Ahmed. The BBC withheld the information, citing the exemption at section 43(2) of the FOIA: prejudicial to commercial interests. Belatedly, it stated that it also considered that part of the requested information comprised the personal data of external legal counsel and was additionally exempt under section 40(2) of the FOIA: third party personal data. The Commissioner’s decision is that, while the exemption at section 43(2) of the FOIA is narrowly engaged, the public interest favours disclosure of the information. She has also decided that the exemption at section 40(2) is not engaged in respect of Counsel’s fees, since it would be lawful, fair and transparent to disclose it. The Commissioner requires the BBC to take the following step to ensure compliance with the legislation: disclose the requested information to the complainant.
FOI 43:
Complaint upheld
FOI 40:
Complaint upheld
Decision notice: IC-38737
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-38737.html
