C Price
By email to [FOI #4195 email]
18 November 2008
Dear Mr Price
RFI20081285 - Freedom of Information request Thank you for your email of 16 November 2008 requesting the following information regarding
the BBC One television programme Strictly Come Dancing:
“please supply the number of votes received each week by telephone for each couple in each of
the previous series”
The reference number for your request is RFI20081285.
The information you requested is not covered by the Freedom of Information Act 2000 (“the
Act”). With regard to votes cast, and voting breakdowns this is also not the type of information
we would provide voluntarily as we want to protect programme participants from any potential
impact of individual voting levels being made available.
Scope of the Act
Your request falls outside the scope of the Act because the BBC and the other public service
broadcasters are covered by the Act only in respect of information held for purposes “other than
those of journalism, art or literature” (see Schedule I, Part VI of the Act). We are not therefore
obliged to supply information held for the purposes of creating the BBC’s output or information
that supports and is closely associated with these creative activities. Information which is not
subject to disclosure under the Act because of Schedule I might otherwise be exempt from
disclosure because of the application of other provisions of the Act.
Application of the Act
For more information about how the Act applies to the BBC please see www.bbc.co.uk/foi.
Please note that this guidance is not intended to be a comprehensive legal interpretation of how
the Act applies to the BBC.
Appeal Rights
The BBC does not offer an internal review when the information requested is not covered by the
Act. If you disagree with our decision you can appeal to the Information Commissioner. Contact
details are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF telephone 01625 545 700. http://www.ico.gov.uk
You may wish to be aware that the BBC has received a decision from the Information
Commissioner in relation to a similar request concerning voting figures. The Commissioner
agreed with the BBC that voting figures were held for the purposes of journalism, art or literature
and therefore that the BBC is not obliged to provide this information under the Act.
Yours sincerely,
Richard Curwen
Head of Legal, Business Affairs & Brand Management
Entertainment, Events & Comedy
