ICO releases Hearing Decision 57 involving The Department of Immigration.

In May 2016 an Applicant requested access to records relating to a fine imposed on an
employer by the Department of Immigration. Some records were disclosed, but a ruling/advice
provided by the Director of Public Prosecutions was withheld and remained in dispute.

The Acting Information Commissioner pointed out a number of serious procedural
deficiencies on the part of the Department of Immigration, including problems with how the exemption in section 20(1)(c ) was claimed, the timing of the internal review, and the lack
of a submission made to the ICO in the course of the hearing to provide reasons for
withholding the responsive record.

The Acting Information Commissioner found that the exemption in section 20(1)(c) of the
Freedom of Information Law (2015 Revision) applied to the ruling/advice, as it constituted
“legal advice given by or on behalf of the Attorney General or the Director of Public
Prosecutions”. The public interest in disclosure does not outweigh the public interest in
maintaining the exemption, and the record may remain withheld.

The public is encouraged to read the full text of Decision 57 which can be found on the ICO website at http://www.infocomm.ky/appeals