Electoral Commission

The complainant has requested information about the decision-making process for notifying the public and relevant authorities about a data breach. The Electoral Commission relied on relying on section 31(1)(g) of FOIA (law enforcement), section 36 of FOIA (prejudice to effective conduct) and section 42 of FOIA (legal professional privilege) to withhold the requested information. The Commissioner’s decision is that the Electoral Commission was entitled to rely on sections 36(2(b)(i), 36(2)(b)(ii) and 42 of FOIA to withhold some of the requested information. However, it was not entitled to rely on section 31(1)(g) of FOIA. The Commissioner also finds that the Electoral Commission breached section 17(3) of FOIA by failing to complete its deliberations on the balance of the public interest within a reasonable time. The Commissioner requires the Electoral Commission to take the following steps to ensure compliance with the legislation: Disclose the information it has relied on section 31(1)(g) of FOIA to withhold.