The Information Commissioner has encouraged DEFA to consider proactively publishing food hygiene inspection reports.
This follows a ruling that the department failed to carry out a proper search when a request for similar information was refused.
The original request asked for full inspection reports, photographs, and follow-up correspondence for six food establishments with low ratings.
DEFA refused, citing an exemption under the Freedom of Information Act.
But the Commissioner found that the department applied a blanket exemption without first looking at the information it held.
A statement from the Commissioner’s office said: “A search for the requested information is not an optional step in the process of responding to a Freedom of Information request.”
The department was encouraged to consider a publication scheme under the Freedom of Information Act, due to “the obvious public interest in the request subject”.
The Commissioner also noted that DEFA had exceeded the legal timeframe for its original response.
The department has now been ordered to either release the information or issue a new refusal notice within 30 days.