29 September 2014, Central government
The complainant requested information relating to the Court Proceedings Database including the names of offenders found guilty of offences under the Housing Act 2004 held on that database. The Ministry of Justice (MoJ) confirmed it held information within the scope of the request but refused to disclose it citing section 40(2) of FOIA (personal information). The Commissioner has investigated and found that some of the withheld information does not constitute personal data. As section 40(2) cannot therefore apply, he orders disclosure of that information. With respect to the remaining information within the scope of the request, he finds the exemption engaged. The Commissioner requires the public authority to disclose the information that does not constitute personal data. Information Tribunal appeal EA/2014/0265 allowed.
FOI 40: Partly upheld