17 February 2016, Central government
The complainant requested information from the Ministry of Justice (MoJ) which, if held, would relate to complaints made about a named individual. The MoJ refused to either confirm or deny holding information within the scope of the request citing sections 40 (personal information) and 32 (court records) of FOIA. The Commissioner has investigated MoJ’s application of section 40(5). His decision is that the MoJ was not obliged to confirm or deny if the requested information was held under section 40(5)(b)(i) of FOIA. He requires no steps to be taken.
FOI 40: Not upheld