Summary: The complainant requested information relating to a security incident at a named court. The MoJ confirmed that it holds relevant information but refused to disclose it citing sections 31 (law enforcement), 38 (health and safety) and 40 (personal information) of FOIA. The Commissioner-™s decision is that the MoJ correctly applied section 40 to most of the information withheld by virtue of that exemption. However, he does not find the exemptions at sections 31 and 38 to be engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose to the complainant the information incorrectly withheld by virtue of sections 31, 38 and 40(2).
Section of Act/EIR & Finding: FOI 31 - Complaint Upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Partly Upheld