Summary: The complainant has requested the case file of MahmoodMattan. The National Archives (TNA) considered that part of the file (the closed extract) could not be released on the basis of section 38(1)(a) and section 40(2). However, TNA did release the rest of the file with some redactions to certain documents where it considered section 38(1)(a) or 40(2) applied. The Commissioner-™s decision is that section 38(1)(a) is engaged in respect of some of the information and section 40(2) respect of the remainder of the withheld information. After considering the public interest test in relation to section 38 the Commissioner accepts that the exemptions have been correctly applied to withhold the closed extract and in order to redact information in the open file. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 38 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld