Summary: The complainant requested a copy of the legal advice given to the Home Secretary regarding the extradition of a named individual to the United States of America. The public authority explained that it held the information, but that it was unable to disclose it by virtue of section 42(1) (legal professional privilege). It explained that it believed that the public interest in maintaining the exemption was greater than the public interest in disclosure. It maintained its view after being asked to conduct an internal review. The Commissioner has considered this case and has determined that the public authority was entitled to rely upon section 42(1) and that the public interest favoured withholding the information in this instance. He has therefore not upheld the complaint.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld