Question

To ask the Secretary of State for Digital, Culture, Media and Sport, how many allegations of offences under section 77 of the Freedom of Information Act 2000 were received by the Information Commissioner's Office in each of the last five years; and how many such allegations resulted in (a) an interview under caution and (b) a prosecution in each year.

While DCMS acts as the sponsor department within government, the Information Commission is independent of government and accountable to Parliament. Government policy for Freedom of Information sits with the Cabinet Office.

The Information Commission’s Criminal Investigations team receives referrals for potential Section 77 offences. In 2022, they received 48, in 2023 they received 17, in 2024 they received 15, in 2025 they received 14 and in 2026 they have received seven so far. These have led to one interview under caution in 2023. There is a high evidential threshold for pursuing criminal investigations under section 77, and a six-month time limit for commencing a prosecution. The Information Commission provides information and guidance on the Freedom of Information Act, and anyone concerned that an offence may have been committed can raise those concerns with the Commission.