Mr A. Hunter
Via email: [FOI #4587 email] 8 December 2008
Dear Mr Hunter
RFI20081398 - Freedom of Information request
Thank you for your email of 6 December requesting;
In November 2008 a list (Hereafter referred to as 'The List') of around 13,000 names and home
addresses, alleged to be members of the British National Party, were posted on an Internet
website.
1) Can you let me know if any department of the BBC currently has a copy of 'The List'?
2) Can you let me know if any department of the BBC has previously held a copy of 'The List' but
has subsequently destroyed or deleted it?
3) If the answer to question 1) or 2) above indicates that The BBC currently has, or previously had,
a copy of 'The List', can you please detail how this came to be in the BBC's possession? In other
words, how did the BBC physically acquire either the electronic or physical 'hard copy' copy of 'The
List'?
The reference number for your request is RFI20081398.
The information you requested is not covered by the Freedom of Information Act 2000 (“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.
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.
The BBC makes a huge range of information available about our programmes and content on
bbc.co.uk. We also proactively publish information covered by the Act on our publication scheme
and regularly handle requests for information under the Act.
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
Yours sincerely,
Fern Kersey
Adviser, Information Policy & Compliance
