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Information Policy & Compliance
bbc.co.uk/foi
bbc.co.uk/privacy
Mr Hillas
Via email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
22nd January 2015
Dear Mr Hillas
Request for Information – RFI20142069
Thank you for your request of 22nd December 2014 under the Freedom of Information Act 2000 (‘the Act’)
seeking the following information:
“As TV Licensing authority in the UK, the BBC publicly acknowledges that it has overall responsibility
for all matters concerning the administration and enforcement of the TV licence, TV Licensing and
the activities of all TV Licensing contractors.
I refer to the following article recently published here> http://tv-
licensing.blogspot.co.uk/2014/10/tv-licensing-where-theres-muck-theres.html which explains how
TV Licensing were successfully sued.
This is a request lodged under the Freedom of Information Act 2000 for full disclosure and
publication of:
All the information the BBC holds in respect of the case mentioned above
and
Whether any further claims have been lodged against TV Licensing or the BBC since the case
mentioned above”
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to administer
the collection of television licence fees and enforcement of the television licensing system. The majority of
the administration of TV Licensing is contracted to Capita Business Services Ltd (‘Capita’). Over-the-counter
services are provided by PayPoint plc (‘PayPoint’) in the UK, and by the Post Office in the Isle of Man and
Channel Islands. Marketing and printing services are contracted to Proximity London Ltd. Media services
are contracted to Mediaedge:CIA International Limited ("MEC"). The BBC is a public authority in respect of
its television licensing functions and retains overall responsibility.
I shall address your requests in turn below.
Request 1
Firstly, I am interpreting your request as specifically relating to the case mentioned on
www.tv-licensing.blogspot.co.uk. For your information, please be advised that in this case a judgement was
entered in default simply because legal documents were redirected to the wrong office. No legal issues
were considered by the court and this judgement does not set a precedent. Of the small number of
previous cases which have been brought on similar grounds, none have been successful.
Please note that the vast majority of recorded information that we hold has already been published at the
web-link you have provided and is therefore already in the public domain. I can confirm under section 1(1)
of the Act that we hold additional recorded information that I consider relevant. I attach, as Disclosure
Document 1, a copy of a letter from TV Licensing Customer Relations to the individual concerned. Please
note that certain information has been redacted under section 40(2) of the Act because it constitutes
personal information. This comprises of the name and address of the individual, complaint reference and
the name of the TV Licensing Customer Relations staff member who wrote the letter. Neither individual has
a reasonable expectation that their details will be disclosed in this context.
Personal information about living individuals is exempt under the Freedom of Information Act if disclosure
to a third party would breach one or more principles of the Data Protection Act 1998. As the individuals
referred to above do not expect their details to be disclosed, to do so would be unfair. Therefore,
disclosure would breach the first principle of the Data Protection Act 1998 which requires data to be
processed fairly and lawfully.
Please note that I am withholding the remaining additional recorded information because we consider that
these documents to be exempt from disclosure under the following sections of the Act.
Section 32 - Information contained in court records
Some recorded information has been withheld under section 32 of the Act which relates to the exemption
for information contained in a court record or a document created for the purpose of a statutory inquiry or
arbitration. The information covered by this section of the Act is subject to an absolute exemption.
Section 42 - Legal professional privilege
The remaining recorded information has been withheld because it constitutes legal documents generated
in preparation for litigation which I have determined to be exempt under section 42 of the Act which
relates to legal professional privilege. Legal professional privilege covers amongst other things, confidential
communications between lawyers, their clients and third parties for the purpose of seeking, obtaining and
consulting on legal advice and between parties who share a common interest in the confidentiality of the
communication.
As section 42 is a qualified exemption, I am required under section 2(2) of the Act to assess whether in all
the circumstances of the case, the public interest in maintaining the exemption outweighs the public
interest in disclosing the information.
2
I am satisfied in terms of section 2(2)(b) of the Act that in all the circumstances of the case, the public
interest in maintaining the exemption at section 42 outweighs the public interest in disclosing the
information. I have provided further explanation of my consideration of the public interest test below.
Section 42 – public interest test
I am required under section 2(2) of the Act to assess whether the public interest in maintaining the section
42 exemption outweighs the public interest in disclosing the information.
The following factors are in favour of disclosure:
1.
That there is a public interest in the BBC being accountable for the decisions it makes, and
demonstrating that recourse to legal proceedings is appropriate.
2.
That releasing the information held would ensure that the public, including staff, understand the
reasoning upon which the BBC is making decisions that have the potential to affect large numbers
of people.
I consider that the following factors are in favour of withholding the information:
1.
Legal professional privilege applies to a wide variety of information, including advice,
correspondence, notes, evidence or reports. In Bellamy v Information Commissioner
EA/2005/0023, the Information Tribunal described legal professional privilege as:
“a set of rules or principles which are designed to protect the confidentiality of legal or legally
related communications and exchanges between the client and his, her or its lawyers, as well as
exchanges which contain or refer to legal advice which might be imparted to the client, and even
exchanges between the clients and third parties if such communications or exchanges come into
being for the purposes of preparing for litigation.”
2.
In order for the advice given to be valuable, it is crucial that the seeking and determination of such
advice be carried out with absolute candour. This requires that the persons seeking and where
appropriate sharing the legal advice are secure in the knowledge that the information that passes
between them and their lawyers will be free from scrutiny by outsiders. As the Information
Tribunal recognised in Bellamy v Information Commissioner:
“There is a strong element of public interest inbuilt into the privilege itself. At least equally strong
countervailing considerations would need to be adduced to override that inbuilt public interest.”
3.
Further guidance from the Department of Constitutional Affairs also states:
“
given the very substantial public interest in maintaining the confidentiality of LPP [legal
professional privilege] material, it is likely to be only in exceptional circumstances that it will give
way to the public interest in disclosure.”
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In this instance, there is no clear, compelling and specific justification for disclosure, so as to outweigh the
public interest in safeguarding the confidentiality of legal communications prepared in relation to recent
proceedings.
Request 2
I can confirm that that there has been one claim made against TV Licensing or the BBC since the case
mentioned above. Please be advised that details of this subsequent case will be subject to the exemptions
outlined above.
Appeal Rights
If you are not satisfied that the BBC has complied with the Act in responding to your request you have the
right to an internal review by a BBC senior manager or legal adviser. Please contact us at the address above,
explaining what you would like us to review under the Act and including your reference number. If you are
not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details
are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF. Tel: 0303 123
1113 (local rate) or 01625 545 745 (national rate) or see
http://www.ico.gov.uk/. Kind regards
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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