The complainant has requested information relating to editorial guidelines, copies of complaints, and the recruitment to a post that was then occupied by Professor Richard Sambrook. The BBC explained that the first two parts of the request were covered by the derogation from the FOIA. The BBC also stated that the third part of the request was exempt under section 40(2) of the FOIA but later, at review, said that the information was not held. The Commissioner’s decision is that the information at part one and two of the request is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall inside the FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken. She also accepts, on the balance of probability, that the BBC does not hold any information relating to part three of the request.
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