Information Commissioner's Office

Case OutcomeComplaint not upheld FOI 16: Complaint not upheld
Subject MatterOther
CourtInformation Commissioner (UK)
Record NumberIC-134461-N8V1
Date18 January 2022
RespondentInformation Commissioner's Office
Reference: IC-134461-N8V1
1
Decision notice
Date: 18 January 2022
Public Authority: Information Commissioners Office
Address: Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Note
This decision notice concerns a complaint made against the Information
Commissioner (‘the Commissioner’). The Commissioner is both the regulator
of the FOIA and a public authority subject to the FOIA. He is therefore under
a duty as regulator to make a formal determination of a complaint made
against him as a public authority. It should be noted, however, that the
complainant has a right of appeal against the Commissioner’s decision,
details of which are given at the end of this notice. In this notice the term
‘ICO’ is used to denote the ICO dealing with the request, and the term
‘Commissioner’ denotes the ICO dealing with the complaint.
Decision (including any steps ordered)
1. The complainant has requested the ICO to disclose a list of all decision
notices issued from January 2010 onwards which contain the text
Schedule 12A in the body of the decision notice itself. Initially the ICO
refused to comply with the request under section 14(1) of FOIA. During
the Commissioners investigation the ICO changed its position and
claimed a late reliance on section 12 of FOIA.
2. The Commissioner’s decision is that the ICO is entitled to refuse to
comply with the request in accordance with section 12 of FOIA. Section
12 triggers the duty to provide appropriate advice and assistance. The

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