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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cabinet Office (Decision Notice) [2010] UKICO FS50266931 (21 October 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50266931.html
Cite as: [2010] UKICO FS50266931
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Cabinet Office (Decision Notice) [2010] UKICO FS50266931 (21 October 2010)
Summary: The complainant made a freedom of information request to the Cabinet Office for information relating to individuals who were offered but refused to accept an honour in the period 1935 -“ 1948. The public authority initially refused the request by relying on section 12(1) (Appropriate limit), section 37(1)(b) (Conferring by the Crown of any honour or dignity) and section 40(2) (Personal information). During the course of the Commissioner-™s investigation it withdrew its reliance on section 12(1) and section 37(1)(b) but also introduced section 41 (Information provided in confidence) as a new exemption on which it sought to rely. The Commissioner has considered the complaint and has concluded that, given its age, some of the information will relate to individuals who are now deceased. The Commissioner found that this information is neither exempt under section 40(2) nor section 41. The Commissioner found that information which relates to individuals who are alive is exempt under section 40(2) of the Act. The Commissioner now requires the public authority to disclose to the complainant, within 35 calendar days, information which relates to individuals who are deceased.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld, FOI 41 - Complaint Upheld