British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Justice (Decision Notice) [2009] UKICO FS50145474 (26 November 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50145474.html
Cite as: [2009] UKICO FS50145474
[New search] [Printable PDF version] [Help]
Ministry of Justice (Decision Notice) [2009] UKICO FS50145474 (26 November 2009)
Summary: In May 2006, the complainant requested a copy of the previous year-™s report of the Office of Surveillance Commissioners relating to HM Prison Service (England and Wales). The public authority refused to provide this citing provisions of section 31 (Law enforcement exemption) and section 38 (Health and safety exemption) as its basis for doing so. After an internal review, it provided him with an extract from the report but upheld its position in relation to the remainder. It also cited section 40 (unfair disclosure of personal data) as a basis for withholding individuals-™ names which were found in the report. The Commissioner found that the majority of the withheld information was correctly withheld under section 31 of the Act. However, the Commissioner was not persuaded by the public authority-™s arguments as to application of section 40. The Commissioner requires the public authority to disclose certain personal data within the report which, in his view, is not exempt under section 40.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 31 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld