11 February 2015, Central government
The complainant requested the name of the Crown Prosecution Service (‘CPS’) Prosecutor at a specified court case and date. The Ministry of Justice (the ‘MOJ’) refused to provide the information applying both the exemption for court records (section 32(1)(a)) and for third party personal information (section 40(2)). The Commissioner’s decision is that the MOJ, although correct to withhold the information, should have instead relied on the exemption contained within section 40(5) of FOIA. The Commissioner requires no steps to be taken as a result of this decision.
FOI 40: Not upheld