Information Commissioner's Office

Summary: The complainant requested to know the names of individuals, companies and academic institutions in Scotland holding licences to conduct scientific procedures on animals. The Home Office refused to release the information on the grounds that disclosure would or would be likely to endanger the health and safety of individuals (section 38). It also considered that disclosure of the names of individuals holding licenses would breach the Data Protection Act 1998, and the information was therefore exempt under section 40 of the FOI Act. The Commissioner has decided that section 38 has been correctly applied and that the public interest in withholding the information outweighs that in disclosure. With regard to section 40, the Commissioner is satisfied that section 40 is engaged and that disclosure would be unfair, breaching the first data protection principle. The Commissioner does not therefore require any further action by the Home Office.
Section of Act/EIR & Finding: FOI 38 - Complaint Not upheld, FOI 40 - Complaint Not upheld