Information Commissioner's Office

Summary: The complainant requested information concerning vacancies for Justices of the Supreme Court and the filling of such vacancies. The public authority initially disclosed some information, but withheld other information, citing the exemptions provided by the following sections of the Act: 40(2) (personal information), 44(1)(a) (statutory prohibitions to disclosure), 35(1)(a) (formulation or development of government policy), 36(2)(b) (inhibition to the free and frank provision of advice and the free and frank exchange of views) and 36(2)(c) (other prejudice to the effective conduct of public affairs). It later amended its stance and stated that the information in relation to which sections 36(2)(b) and (c), 40(2) and 44(1)(a) were cited was not held by it for the purposes of the Act. The Commissioner notes that the public authority stated correctly during his investigation that this information was not held by it for the purposes of the Act, however, as when it was dealing with the request it confirmed that it did hold the information the Commissioner finds that it breached section 1(1)(a). In relation to section 35(1)(a), the Commissioner finds that this was cited correctly for some information, but that the remainder of this information should be disclosed. The Commissioner has also found that the public authority breached sections 1(1)(b), 10(1) and 17(1)(b) through its handling of the request.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Partly Upheld