Department for Culture, Media and Sport (Central government) [2023] UKICO 230000 (19 October 2023)
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Department for Culture, Media and Sport
The complainant has requested information about roundtable meetings relating to the setting up of the Creative Industries Independent Standards Authority (CIISA). The then Department for Digital, Culture, Media and Sport (now the Department for Culture, Media and Sport (DCMS)) originally refused the request under section 3(2)(a) of FOIA (information held solely on behalf of another person). In its internal review, DCMS amended its position, citing section 36(2)(b)(ii) of FOIA (prejudice to the effective conduct of public affairs). The Commissioner’s decision is that section 36(2)(b)(ii) of FOIA is engaged. However, he finds that the public interest in maintaining this exemption does not outweigh the public interest in disclosure. In addition, DCMS failed to respond to the request within 20 working days and therefore also breached section 10(1) of FOIA.The Commissioner requires DCMS to take the following steps to ensure compliance with the legislation. • Disclose the withheld information falling in scope of the request (ie information up to 25 January 2023) to the complainant, with the exception of limited redactions for information exempt under section 40(2) (third party personal data) which are identified in the confidential annex provided to DCMS only. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 36(2)(b)(ii):
Complaint upheld
FOI 10(1):
Complaint upheld
Decision notice: 230000
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URL: http://www.bailii.org/uk/cases/UKICO/2023/230000.html
