BBC

Case OutcomeComplaint not upheld
Subject MatterOther
CourtInformation Commissioner (UK)
Date07 November 2017
Record NumberFS50702084
RespondentBBC
Reference: FS50702084
1
Freedom of Information Act 2000 (FOIA)
Decision notice
Date: 7 November 2017
Public Authority: British Broadcasting Corporation (BBC)
Address: Room BC2 A4
Broadcasting Centre
Wood Lane
London W12 7TP
Decision (including any steps ordered)
1. The complainant has requested information about a particular report
that was leaked to the BBC. The BBC said that the requested
information was covered by the derogation and excluded from the FOIA.
2. The Commissioner’s decision is that this information is held by the BBC
for the purposes of ‘journalism, art or literature’ and does not fall within
the scope of FOIA. She therefore upholds the BBC’s position and
requires no remedial steps to be taken in this case.
Request and response
3. On 27 August 2017, the complainant wrote to the BBC and requested
information in the following terms:
“I would like to obtain the FCA Section 166 "skilled persons" report,
recently leaked to the BBC:
http://www.bbc.co.uk/news/business-41048691.”
4. The BBC responded on 20 September 2017. The BBC explained that it
did not believe that the information was caught by FOIA because it was
held for the purposes of ‘art, journalism or literature’.

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