Summary: The complainant asked the Ministry of Justice (the -public authority-) to provide information relating to covert surveillance in prisons. The public authority relied on sections 23(5), 24(2) and 31(3) of the Freedom of Information Act (the -Act-) to refuse to confirm or deny whether any of the information falling within the scope of the request was held. The Commissioner concludes that sections 23(5) and 24(2) have been correctly relied upon as a basis upon which to refuse to confirm or deny whether the requested information is held. He has not therefore considered the applicability of section 31(3). The complaint is not upheld. The public authority-s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 23 - Complaint Not upheld, FOI 24 - Complaint Not upheld