This is an HTML version of an attachment to the Freedom of Information request 'European Commission; First Stage of Infringement Proceeding'.

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Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [Home Office request email] Website: www.homeoffice.gov.uk


[FOI #13279 email]

10th August 2009

Freedom of Information Request - our ref FOI 12203

Dear Mr John,

Thank you for your correspondence received on the 13th June 2009 requesting information on Phorm/121 Media

We are considering your information request. Although the Freedom of Information Act carries a presumption in favour of disclosure, it provides exemptions which may be used to refuse to confirm whether or not we hold information, or where we do, to withhold that information in specified circumstances. Some of these exemptions are subject to a public interest test. These exemptions are known as qualified exemptions. The public interest test is used to balance the public interest in openness against the public interest in favour of applying exemptions. Section 10(3) of the Act allows us to exceed the 20 working day response target where reasonably necessary to consider the public interest test fully. This is subject to us telling applicants when we expect to conclude our deliberations and provide a full response.

We are currently assessing the public interest in saying whether or not we hold the information you have requested, and should we do so, in providing the information you have requested. We are doing so under the exemption contained in Sections 35(3), Formulation of Government Policy, of the Freedom of Information Act.

This letter should not be taken as conclusive evidence that the information you have requested exists or does not exist.

In order to consider the public interest test fully we need to extend the 20 working day response period, and now aim to respond by 8th September 2009.

Should you have any queries about the handling of your information request then please do not hesitate to contact me.

Yours sincerely,

J. Fanshaw