Information Commissioner's Office

Home Office

2 June 2014, Central government

The complainant has requested information about the legality of the UK’s arrangements for receiving passenger data from carriers arriving from EU member states. The Home Office disclosed some information, and withheld other information, citing the exemptions at section 23(1) and 31(1)(e). It would neither confirm nor deny whether it held further relevant information, citing the exclusion from the duty to confirm or deny provided by sections 31(3) and 36(3). The Commissioner’s decision is that the Home Office applied the exemption at section 23(1), and the exclusions at 31(3) and 36(3), correctly. However it was not entitled to rely upon section 31(1)(e) to withhold information. The Commissioner requires the public authority to disclose to the complainant the information it had previously ruled exempt under section 31(1)(e) (annex A of the data sharing guidance).

FOI 23: Not upheld FOI 31: Partly upheld